Weeraman v. Sadacharan – sllr 2002 volume 3 page 222

In the case between Weeraman (Petitioner) and Sadacharan (Respondent), the Court considered whether the affidavit submitted by the defendant-respondent conformed to the mandatory requirements of the Civil Procedure Code and the Affidavit Act. The principal issue was whether designating the respondent merely as a “declarant,” and not as an “affirmant,” combined with the absence of a proper affirmation and a defective jurat clause, constituted a fatal defect necessitating the affidavit’s rejection. The Court determined that these deficiencies rendered the affidavit fundamentally flawed, disallowing any subsequent amendment of the document. The order permitting amendment was set aside and costs were awarded to the petitioner. The ruling reinforced the strict compliance principle for affidavit