வழக்குகளில் பிரமாணப் பத்திரங்கள் (Affidavits) தாக்கல் செய்யும் போது பின்பற்றப்பட வேண்டியவை தொடர்பாக தலைமைச் செயலாளரின் கடிதம்!!!

வழக்குகளில் பிரமாணப் பத்திரங்கள் (Affidavits) தாக்கல் செய்யும் போது பின்பற்றப்பட வேண்டியவை தொடர்பாக தலைமைச் செயலாளரின் கடிதம்! Letter from the Chief Secretary regarding the procedures to be followed while filing affidavits in cases!

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Rule 9 of Madras High Court Writ Rules, 2021-Filing of Affidavits, Counter Affidavits, Status Affidavits, Supporting Affidavits, etc., before the Hon'ble High Court of Madras and its Bench at Madurai- Attestation by subordinate officials- Directions of the Hon'ble First Bench of the High Court of Madras - Certain instructions issued - Reg

1. Rule 9 of the Madras High Court Writ Rules, 2021

2. From the State Government Pleader, High Court of Madras, Letter dated: 06.12.2024. I am directed to invite kind attention to the reference cited and to state that as per rule 9 of the Madras High Court Writ Rules, 2021, every affidavit filing in support of a petition should be duly attested by advocate, notary or commissioner of oaths.

However, it has been a long standing practice in the Government cases to have such affidavits signed by deponents on each page and attested by the subordinate officials.

2. The State Government Pleader, High Court of Madras in his letter 2nd cited has brought to the notice of the Government about the decision of the Hon'ble First Bench of Madras High Court to strictly adhere to rule 9 of the Madras Writ Rules, 2021, for attesting Affidavits/ Counter Affidavits etc and has requested to issue necessary instructions in this regard. 3. Therefore, in compliance with the direction of the Hon'ble First Bench of the High Court of Madras, the following instructions are issued regarding attestation of affidavits, etc filing in support of petitions in Government cases in consonance with rule 9 of the Madras High Court Writ Rules, 2021:-

(i) Every affidavit filed by the Government/Head of Departments/District Collectors in support of petition shall be duly attested by the Law Officers in the High Court of Madras and its Bench at Madurai and Sub-ordinate Courts, other than who is appearing for the said case in their capacity as Advocates.

(ii) The attestor shall add below his signature, his seal, if any, his name in capital letters, his roll number in the State Bar Council, where he is enrolled and his official or residential address.

(iii) "The State Government Pleader / Public Prosecutor/ Government Pleader, High Court of Madras and its Bench at Madurai, as well as the Law Officers in the Subordinate Courts shall make necessary arrangements for the Law Officers to attest the Affidavits. etc filed by the Government/ Head Of Departments/District Collectors in support of petition, as instructed above". 4. The above instructions should be followed scrupulously. The receipt of the letter may be acknowledged.