“Discover legal remedies when a party files a wrong affidavit. Explore options like motions for correction or striking out, contempt proceedings, and civil actions for damages. Case laws such as Ram Saran Hansraj v. Dharanidhar Barman and M.G. Agarwal v. Hussainbhai provide insights. Uphold truth in judicial proceedings.”
When a party files a wrong affidavit legal remedies are available to address the situation. Here are some potential courses of action and the relevant case laws:
1. Motion for clarification or correction: If a party becomes aware that they have filed a wrong affidavit they can file a motion with the court seeking clarification or correction of the affidavit. The court may allow the party to amend or correct the incorrect information.
Case law: In the case of Ram Saran Hansraj v. Dharanidhar Barman (2005 the High Court of Delhi held that if a party discovers a mistake in the affidavit filed before the court they may move the court for correction or clarification.
2. Motion for striking out the affidavit: If the wrong affidavit contains false or misleading information the opposing party can file a motion requesting the court to strike out the affidavit from the record. This can be done if the false information is found to be prejudicial to the proceedings or if it constitutes perjury.
Case law: In the case of M.G. Agarwal v. Hussainbhai [1968 the Supreme Court of India clarified that if an affidavit is found to be false and misleading the court has the power to strike it out. The court emphasized the importance of truthful affidavits in judicial proceedings.
3. Contempt of court proceedings: If the wrong affidavit is intentionally filed to mislead the court or manipulate the proceedings the court can initiate contempt of court proceedings against the party responsible. Contempt proceedings may be initiated to uphold the integrity and dignity of the judicial process.
Case law: In the case of Anil Kumar v. Muni (1995 the Supreme Court of India held that filing a false affidavit before the court amounts to contempt and reiterated that parties have an obligation to provide truthful information.
4. Civil action for damages: If the wrong affidavit causes harm or loss to the opposing party they may choose to file a separate civil lawsuit seeking damages for any losses suffered as a result of the false information provided in the affidavit. This can include financial losses or reputational damage.
Case law: In the case of State of Maharashtra v. Bharat Shanti Lal Shah (2010 the High Court of Bombay held that if a party suffers from losses due to false information provided in an affidavit they can pursue a separate civil action for damages.
Author Bio
THE COURTS OF INDIA
Clogged with the false and misleading affidavits, the public is pilloried for several generations from the courts to courts and dying without justice,dignity in silence.
Victoria BC Canada
A UP NRI AND VICTIM OF FALSE AFFIDAVITS