Once an Evidence Affidavit is filed in a court case under Order XVIII, Rule 4 of the CPC, it becomes part of the evidentiary record and cannot be withdrawn. So to answer your query: can affidavit once given be withdrawn? Let me point out the Bombay High Court’s affirmations regarding the Banganga Cooperative Housing Society Ltd. v. Nerurkar that once an affidavit is filed and affirmed, it constitutes the examination-in-chief and cannot be retracted or removed from the court record.
Can an Affidavit be Withdrawn?
The court clarified that the process of cross-examination effectively begins with the filing of an affidavit, making withdrawal impermissible.
Even if a witness later becomes unavailable due to death or incapacity, the affidavit remains admissible, though its evidentiary value may diminish and give rise to adverse inferences.
While litigants cannot withdraw a previously submitted affidavit, they may file supplementary or corrective affidavits, provided it does not amount to repeatedly altering their original testimony.
Indian law does not expressly prohibit additional affidavits, but courts exercise control to prevent misuse of such filings to game the process.
Practically, if an affidavit contains incorrect or unintended statements, the recommended approach is to file a correction affidavit or motion for clarification, requesting the court to update or strike out misleading content, rather than attempting outright withdrawal.
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Can Affidavit Once Given be Withdrawn?
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2025-07-22T20:23:30+00:00 2025-07-22T20:23:33+00:00Comment
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