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By Ajeet Singh Verma

B.A, LL,B (Hons.)


UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Rule. 1 Proof of facts by affidavits

Court may for sufficient Reasons, Order to prove any specific fact
or facts to be proved by affidavit,

Or that affidavit of any witness to read at hearing, on conditions
in the discretion of court.

Provision
Where court thinks that either party bona fide desires that
production of a witness for cross-examination & that such
witness can be produced,

Order not to be made for authorising evidence of such witness
via affidavit.

Rule 2. Evidence by affidavit
Upon application evidence may be adduced affidavit;

But the Court may, at the instance of either party, order
attendance for cross-examination of the Deponent,

& such attendance shall be in Court,

Except where the Deponent is exempted from personal
appearance

Rule 3. Title


Every affidavit shall be instituted in the cause, appeal
or matter in which it is sworn.
Rule 4. Form
Affidavits shall be

Drawn up in the first person,

Divided into paragraphs to be numbered
consecutively,

& shall state the description, occupation if any and the
true place of abode of the Deponent.

Rule 5. Contents of affidavit

Affidavits shall be-

Confined to facts as the Deponent`s ability of his own
knowledge to prove,

Except on interlocutory applications, on which
statements of his belief may be admitted, provided that
the grounds thereof are stated.

Rule 6. Interpretation of Affidavits
An affidavit-

Unless interpreted by virtue of Rule 7,

Shall be interpreted by an interpreter nominated or
approved by the Court, if made within the jurisdiction
of this Court,

& if made elsewhere, shall be interpreted by a
competent person who shall certify that he has
correctly interpreted the affidavit to the Deponent.

Rule 7. Before whom affidavits are to
be sworn
Affidavits for the purposes of Section 139 of the Code or before the Registrar of the
Court, or before the Commissioner generally or specially authorised in that behalf by
the Court.
Sec 139 -Oath on affidavit by whom to be administered? In the case of any affidavit
under this Code?
(a) any Court or Magistrate, or
[100] [(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]
(b) any officer or other person whom a High Court may appoint in this behalf, or
(c) any officer appointed by any other Court which the State Government has generally
or specially empowered in this behalf,may administer the oath to the deponent.

The authority attesting such affidavit shall wherever the person is know to him,
append a certificate to that effect on the affidavit & where he is unknown to him the
certificate shall state the name of the person by whom the person affirming the
affidavit has been identified.

Wherever an affirmation is done by an illiterate person or a person not conversant with
the English language, the authority concerned shall before attesting the same translate
and interpret the contents of the affidavit to the person affirming the same and certify
the said fact separately under his signature.


Rule 8. Pardahnashin lady


Where the Deponent is a Pardahnashin lady, unless
she is known to the person attesting the affidavit, she
shall be identified by a person to whom she is known
and that person shall also prove the identification by a
separate affidavit
Rule 9. Marking Dating and
initiating on exhibit


Every exhibit annexed to an affidavit shall be marked,
initialled and dated by the authority before whom it is
sworn.