The Future of Plaint Filed on the Last Day of Limitation without Affidavit

This article seeks to analyze the legal ramifications that arise when a plaint is filed on the last day of limitation without the accompanying affidavit, a procedural requirement under civil litigation in India. This study will analyze whether such a filing could be reckoned as valid for purposes of limitation and what, if any, curative steps are available under law. The paper will analyze related provisions of statutes, judicial precedents, and procedural provisions to ascertain what would be the consequence of an affidavit having not been filed on the commencement of a suit. It will argue that a plaint lacking an affidavit would be procedurally defective.