Bailabel Type : bailable

Description

Order 19 of the Civil Procedure Code (CPC) deals with the use of affidavits in civil proceedings. Affidavits are written declarations made under oath and are commonly used to present evidence or facts to the court in a concise and formal manner. This order provides the rules for filing, verifying, and using affidavits during legal proceedings in civil cases.

Key Provisions of Order 19 - Affidavits

Rule 1: Affidavits in Evidence

• Affidavit as Evidence:
  The rule allows parties to present evidence in the form of an affidavit. An affidavit is a written statement of facts sworn to be true before an authorized person, such as a notary public, a commissioner for oaths, or a magistrate.

  Affidavits are typically used to support applications, petitions, or motions in civil suits, especially when the facts in question are not disputed or when the party does not need to produce the witness in person for examination.

• Affidavit in Support of Application:
  When a party files an application in a civil case, they may file an affidavit to support their application. This affidavit is required to contain facts that the party believes to be true, and it serves as a formal document supporting their argument or claim.

Rule 2: Affidavit in Support of Application for Temporary Injunction

• Affidavits for Injunctions:
  If a party seeks a temporary injunction or an interim relief, the application for such an injunction must be accompanied by an affidavit. The affidavit must contain details that show the need for the temporary injunction or relief, and the facts in the affidavit should demonstrate that the applicant is entitled to such relief.

Rule 3: Affidavit in Support of Petition

• Affidavit for Petition:
  In case of a petition (such as in a writ petition or other forms of petitions), the petitioner must file an affidavit supporting the petition. This affidavit outlines the facts and the legal grounds upon which the petition is based. It is an essential component for the court to understand the case and proceed accordingly.

Rule 4: Affidavit to be Made by Party

• Verification by Party:
  The affidavit must be made by the party themselves or by someone who has personal knowledge of the facts in question. The person swearing the affidavit must be competent to testify and must have firsthand knowledge of the matters stated in the affidavit.

  In some cases, an affidavit can also be made by the legal representative of a party if the party is unable to do so themselves.

Rule 5: Affidavit to be Based on Personal Knowledge

• Personal Knowledge Requirement:
  The affidavit must be based on the personal knowledge of the person swearing the affidavit. If the facts are based on information received from others, the affidavit must state the source of that information. This ensures the credibility of the information being presented.

Rule 6: Form of Affidavit

• Format:
  The affidavit must be in the prescribed form, setting out the details of the party making the affidavit, the facts they are swearing to, and their statement of belief in the truth of the facts. The affidavit must be signed by the party or deponent and witnessed by an authorized person who will authenticate the document.

Rule 7: Filing and Verification of Affidavit

• Filing of Affidavit:
  The affidavit must be filed with the court in the appropriate manner and in accordance with the relevant rules for filing documents. The party filing the affidavit must ensure that it is properly verified.

• Verification:
  The affidavit must be verified according to the rules set out under the CPC. This verification confirms that the facts in the affidavit are true to the best knowledge of the person making the affidavit.

Rule 8: Affidavits in Case of Witnesses

• Affidavits of Witnesses:
  In some cases, affidavits can be used in place of live testimony. For instance, a witness may give their evidence through an affidavit, especially in cases where their personal appearance is not necessary or feasible. However, cross-examination of the witness may still take place to test the veracity of the affidavit.

Rule 9: Affidavit in lieu of Oral Evidence

• Alternative to Oral Evidence:
  An affidavit may sometimes serve as an alternative to oral evidence. In certain cases, the court may permit affidavits to be used in lieu of oral testimony, subject to the satisfaction of the court that it is just and reasonable to do so.

Rule 10: Affidavits in Case of Contempt

• Affidavit in Contempt Proceedings:
  In contempt proceedings, affidavits may be used to prove allegations of contempt or to support a charge of contempt. An affidavit in such cases will usually state the facts that constitute contempt of court and any relevant supporting details.

Punishment

• False Affidavit:
  If a party submits a false affidavit or deliberately misrepresents facts in an affidavit, they may face legal consequences, including contempt of court or perjury charges. This could lead to a penalty, fine, or even imprisonment depending on the severity of the misrepresentation.

• Rejection of Affidavit:
  If an affidavit is not filed in accordance with the prescribed rules or lacks the required verification, the court may reject the affidavit. This can result in the exclusion of key evidence, negatively impacting the party who failed to file the affidavit properly.