Affidavits are not included within the purview of the definition of "evidence" as has been given in Section 3 of the Evidence Act!

Affidavits are not included within the purview of the definition of "evidence" as has been given in Section 3 of the Evidence Act!

Ayaaubkhan Noorkhan Pathan vs State of Maharashtra & Ors

Supreme Court

08/11/2012

CIVIL APPEAL NO. 7728 OF 2012; AIR 2013 SC 58

About/from the judgment:

Affidavits are therefore, not included within the purview of the definition of "evidence" as has been given in Section 3 of the Evidence Act, and the same can be used as "evidence" only if, for sufficient reasons, the Court passes an order under Order XIX of the Code of Civil Procedure, 1908. Thus, the filing of an affidavit of one’s own statement, in one’s own favour, cannot be regarded as sufficient evidence for any Court or Tribunal, on the basis of which it can come to a conclusion as regards a particular fact-situation.

 

Affidavits are not included within the purview of the definition of "evidence" in S. 3 of the Evidence Act, and the same can be used as "evidence" only if, for sufficient reasons, the Court passes an order under O. 19 of the Code of Civil Procedure, 1908.

 

Further held that, in a case where the deponent is available of cross-examination, and opportunity is given to the other side to cross-examine him, the same can be relied upon.

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