Filing a Supplementary Affidavit: An Automatic Right or Judicial Discretion?

To my mind, the rationale is rooted in Order 1, Rule 2 of C.I. 47, which directs that the Rules be interpreted to achieve speedy and effective justice, avoid delay and unnecessary expense, and bring disputes to a complete and final determination without a multiplicity of proceedings. Unrestricted filing of supplementary affidavits would undermine each of these objectives. Interlocutory applications could be endlessly extended by successive rounds of affidavits, and a supplementary affidavit filed without leave especially close to a hearing date may deprive the opposing party of a fair opportunity to respond. The Court, rather than the parties, is best placed to assess whether a further affidavit genuinely adds material evidence or merely repeats what is already on record.