APCRPCO Section 40 : Interlineations, Alteration, etc
Act
Summary
Section 40 of the Andhra Pradesh Civil Rules Of Practice and Circular Orders, 1990, addresses the handling of interlineations, alterations, and erasures in affidavits. It mandates that any changes must be authenticated by the officer's initials, and excessive alterations may lead to the affidavit being refused. This section ensures the integrity and clarity of legal documents.
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Explanation using Example
Example 1: Alteration in an Affidavit
Introduction: John, a resident of Hyderabad, is preparing an affidavit to submit in a civil case regarding a property dispute. While reviewing the document, he notices a typographical error in the property address.
Application: According to Chapter IV, Rule 40 of The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, any interlineations or alterations in an affidavit must be authenticated by the initials of the officer taking the affidavit. John approaches the officer to make the necessary correction.
Outcome: The officer reviews the alteration, initials next to the corrected address, and allows the affidavit to be filed. If John had not followed this procedure, the affidavit could have been rejected, delaying the legal process.
Conclusion: Compliance with Rule 40 ensures that the affidavit is accepted without issues, preventing potential delays in the court proceedings.
Example 2: Numerous Erasures in an Affidavit
Introduction: Priya is preparing an affidavit for a family court case. During the drafting process, several sections are erased and rewritten multiple times, leading to a messy document.
Application: As per Rule 40, an officer may refuse to take an affidavit if t...
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