Delhi HC Deprecates Practice Of Filing Affidavits Without Proper Signatures Of Deponent, Attestation By Oath Commissioner Without Deponent's Presence

The Delhi High Court has deprecated the practice of filing affidavits without proper signatures of the deponent and attestation of the same by Oath Commisioner without deponent's presence.

Justice Pratibha M Singh said:

"The practice of filing affidavits without actual/proper signatures of the deponent, the ld. counsel identifying the same in spite of the deponent not having signed in front of him, and the Oath Commissioner attesting the affidavit without the deponent being present, ought to be deprecated."

The respondent in the matter submitted that the signatures in the affidavit were not his signatures which supported the application for litigation expenses.

It was also submitted that at the time when the application was to be signed, he had hurt his right hand and thus, had asked his friend to sign on his behalf.

"The ld. Counsel for the Respondent, Mr. Sumit Kumar, has also identified the deponent's signature without considering as to who had signed the affidavit. It is also not clear as to who appeared before the Oath Commissioner," the order reads.

The Court was of the view that the facts made it clear that the deponent of the affidavit did not sign it in support of the application seeking litigation expenses and that the counsel for respondent misleadingly identified the deponent having signed the affidavit as it was not signed in his presence. 

"When confronted with the same, he apologises to the Court," the Court said.

"Repeatedly, Courts have observed that such practices are being followed by counsels, court clerks, as also litigants. This would clearly be contrary to the provisions of the Advocates Act 1961, Oaths Act, 1969, and various other statutes," it added.

Title: KBT PLASTICS PVT LTD v. RAJENDER SINGH

Click Here To Read Order