Curable defect in affidavit allowed amendment on record, with the petition treated as filed on the amended affidavit date.

A defective affidavit was treated as a curable defect, and the court permitted an amended affidavit to be placed on record in substitution of the earlier one. The technical objection was not allowed to defeat the proceeding because refusal to accept the correction would have prejudiced the petitioner, while no real injustice would have been caused to the respondent. In view of the petitioner's acceptance, the main petition was also treated as filed on the date of the amended affidavit.

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Issues: Whether the amended affidavit could be taken on record in place of the earlier defective affidavit and whether the main petition could be treated as filed on the date of the amended affidavit.

Analysis: The defect in the earlier affidavit was treated as curable. Refusal to accept the amended affidavit would have caused prejudice to the petitioner, while no real injustice would have been caused to the respondent by permitting the correction. The technical objection was therefore not allowed to defeat the proceeding, particularly since the petitioner accepted that the petition may be treated as filed on the date of the amended affidavit.

Conclusion: The amended affidavit was permitted to be placed on record and substituted for the earlier affidavit, and the main petition was treated as filed on the date of the amended affidavit.

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