Affidavits sworn before Notaries can be accepted as evidence before court
Prashant vs Muncipal Council Bhadravati
Maharashtra HC, Nagpur Bench
AIR 2009 BOM 144 : WRIT PETITION NO. 5388/2008
About/from the judgment:
Whether affidavits sworn before Notaries can be accepted as evidence before court!
The provisions of Civil Manual, Chapter XXVI, para 506 read thus -
506. The person who may administer oaths to deponents must be duly authorised under Section 139 of the Civil Procedure Code to do so.
It would thus mean that the persons who may administer oath to the deponents are to be the persons who are authorized under Section 139 of C.P.C. to do so. Therefore, the result is obvious that the Notaries are authorized to administer oath to the deponents.
The affidavits which are to be under the Code, can be sworn by on administering the oath to the deponents by any Notary appointed under the Notaries Act and under Order 18, Rule 4 of the C.P.C., there is no bar requiring to exclude the affidavits sworn before the Notaries for taking them on record as an examination in chief. Thus, such affidavits sworn before Notaries can be accepted as evidence by the Civil Court. The cumulative sequel would render the impugned order to be incorrect and illegal at law. As such liable to be quashed and set aside.
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