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Affidavit in support of plaint not filed
14-Nov-2026 (In Property Law)
What are the consequences of not filing an affidavit in support of plaint? Can the defendants raise this as a preliminary objection in their written statements? When the plaintiff did not file an affidavit in support of plaint, why did the Court take the plaint on record and number the suit? Should the plaint have been rejected at the time of filing itself? Can the plaint be rejected by filing Order 7 Rule 11 BARRED BY LAW? Can the suit be dismissed?
Non filing of an affidavit is a curable defect. You can furnish a supplemental affidavit stating your reasons subsequently with the leave of the court. You can also consider fresh filing of the suit. The plaint will not simply be rejected on this ground. It is merely a procedural lapse that can be cured. In the interest of justice, the court usually may give you time to furnish the affidavit.
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Adv. Dhanya Airen
Adv. Dhanya Airen
Delhi | 5+ Answers
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No no i are interpreting this wrongly, there are 2 rules in which the plaint generally dispose at primary stage i.e order 7 rule 10 n rule 11, but not attestation dies not lead to rejection of plaint, there are several other grounds on which a plaint may be return or rejected but due to non attestation of affidavit plaint will not fatal the case its a curable issue and its on the discretion on court court may impose cost on plaintiff or direct them to cure in 2 weeks or by NDOH. You should ask your lawyer to remain this remedy of order 7, rule 11 for a later stage as this is a kind of bhramastra only one in a suit you can file o7,r11 application, hope you understand
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Adv. Yogesh Singh
Adv. Yogesh Singh
Delhi | 5+ Answers
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As per amended Civil procedure code all pleadings must be supported with an affidavit. Therefore, a plaint can be rejected in those case . However, you can file affidavit now after taking permission of the court.
A plant may contain several defects which might have overlooked by the registry. These defects when highlighted by the o.p. , the court adjudicate on the same.
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Adv. Rajat Bindal
Adv. Rajat Bindal
Delhi | 5+ Answers
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We regularly handle civil and commercial litigation matters, including procedural objections concerning the maintainability of suits and compliance with CPC requirements.
In your matter, the non-filing of an affidavit in support of the plaint may provide the defendant with grounds to raise a procedural objection. If the defect is not addressed, the defendant may take appropriate steps before the Court, including seeking necessary directions or filing an application, depending on the nature and stage of the proceedings.
We strongly recommend that you get the matter examined and take corrective legal steps immediately, rather than wait for the defendant to initiate proceedings against you. Any delay may complicate your position before the Court.
Please share the complete plaint, relevant court orders and case details so that we can examine the matter and advise you on the appropriate course of action.
Himanshu Sharma
Advocate
VIGILANT LEGUM LAW FIRM
Delhi
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Adv. Himanshu Sharma
Adv. Himanshu Sharma
Delhi | 5+ Answers
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