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Bare acts > Code of Civil Procedure, 1908 > Order 19 Rule 3
 
   


 

3. Matters to which affidavits shall be confined.- (1) Affidavits shall be confined to such facts as the deponent is able 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.

(2) The costs of every affidavit which all unnecessarily set for the matters of hearsay or argumentative matter, or copies of or extracts from documents, shall unless the court otherwise directs) be paid by the party filing the same.


HIGH COURT AMENDMENTS

Rules 4-15

Allahabad.- Add the following Rules:

“4. Affidavit shall be entitled. In the Court of ....at (naming such court). If the affidavit be in support of or in opposition to an application respecting any case in the Court it shall also be entitled in such case. If there be no such case, it shall be entitled ‘in the matter of the petition of.’

5. Affidavits shall be divided into paragraphs, and every paragraph shall be numbered consecutively and as nearly as may be, shall be confined to a distinct portion of the subject.

6. Every person making any affidavit shall be described therein in such manner as shall served to identify him clearly; and where necessary for this purpose, it shall contain the full name, the name of his father, of his caste or religious persuasion, his rank or degree in life, his profession, calling, occupation or trade and the true place of his residence.

7. Unless it be otherwise provided, an affidavit may be made by any person having congnisance of the facts deposed to. Two or more persons may join in an affidavit; each shall depose separately to those facts which are within his knowledge and such facts shall be stated in separate paragraphs. (22.5.1915).

8. When the declarant in any affidavit speaks to any fact within his own knowledge, be must do so directly and positively, using the words “I affirm” or “I make oath and say”. (22.5.1915).

9. Except in interlocutory proceedings, affidavits shall strictly be confined to such facts as the declarant is able of his own knowledge to prove. In interlocutory proceedings, when the particular [acts is not within the declarant own knowledge. but is stated from information obtained from others, the declarant shall use the expression “I am informed”, and, if such be the case,” and verily believe it to be true”, and shall state the name and address of, and sufficiently described for the purposes of identification, the person or persons from whom he received such information. When the application or the opposition there to rests on facts disclosed in documents or copies of documents produced from any Court of Justice or other source, the declarant shall state what is the source from which they were produced, and his information and belief as to the truth of the facts disclosed in such documents. (22.5.1915).

10. When any place is referred to in an affidavit, it shall be correctly described. When in an affidavit, any person referred to, such person. the correct name and address of such person, and such further description as may be sufficient for the purpose of the identification of such person, shall be given in the affidavit. (22.5.1919).

11. Every person making an affidavit for use in a Civil Court, shall, if not personally known to the person before whom the affidavit is made, be identified to that person by someone known to him, and the person before whom the affidavit is made shall state at the foot of the affidavit the name, address and description of him by whom the identification was made as well as the time and place of such identification. (22.5.1915).

11-A. Such identification may be made by a person -

(a) personally acquainted with the person to be identified, or

(b) satisfied, from papers in that person’s possession or otherwise, of his identity;

Provided that in case (b) the person so identifying shall sign on the petition or affidavit a declaration in the following form, after there has been affixed to such declaration in his presence the thumb-impression of the person so identified.

FORM


1.1 (Name, address and description) declare that the person verifying this petition (or making this affidavit) and alleging himself to be A.B. has satisfied me, (here state by what means, e.g., from papers in his possession or otherwise) that he is A.B. (8.2.1928).

12. No verification of a petition and no affidavit purporting to have been made by a pardanashin woman who has not appeared unveiled before the person before whom the verification or affidavit was made, shall be used unless she has, been identified in manner already specified and unless such petition or affidavit be accompanied by an affidavit of identification of such woman made at the time by the person who identified her.
(22.5.1915)
.
13. The person before whom any affidavit is about to be made shall, before the same is made, ask the person proposing to make such affidavit if he has read the affidavit and understands the contents thereof, and if the person proposing to make such affidavit states that he has not read the affidavit or appears not to understand the contents thereof, or appears to be illiterate, the person before whom the affidavit is about to be made shall read and explain, or cause some other competent person to read and explain in his presence, the affidavit to the person proposing to make the same, and whom the person before whom the affidavit is about to be made is thus satisfied that the person proposing to make such affidavit understands the contents thereof, the affidavit may be made.
(22.5.1915).

14. The person before whom an affidavit is made, shall certify at the foot of the affidavit the fact of making of the affidavit before him and the time and place when and where it was made, and shall for the purpose of identification, mark and initial any exhibits referred to in the affidavit (22.5.1915).

15. If it be found necessary to correct any clerical error in any affidavit such correction may be made in the presence of the person before whom the affidavit is about to be made and before, but not after, the affidavit is made. Every correction so made shall be initialled by the person before whom the affidavit is made, and shall be made in such manner as not to render it impossible or difficult to read the original word or words, figure or figures, in respect of which the correction may have been made.” (22.5.1915).

 

 

 

 

 

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