SAJJAN KUMAR Vs. C L VERMA

JUDGEMENT

(1.) WE have heard Sri A. K. Gaur, learned Counsel for the applicant and Sri O. P. Tripathi appearing for respondent.

(2.) COUNTER and rejoinder affidavits have been exchanged between the parties and the case was ripped for final disposal. A supplementary rejoinder affidavit sworn before a notary has been filed by the applicant in the proceeding in question, on account of which a preliminary objection was raised by learned Counsel of opposite party to the effect that an affidavit sworn before a Notary cannot be accepted in proceeding before this Court, therefore, it became necessary to dispose of this question as a preliminary issue first before dealing with the main issue. Thus, a question arises for consideration whether an affidavit sworn before the notary is admissible or can be presented in a proceeding before this Court or not. In this connection learned Counsel for opposite party has drawn our attention to the various rules contained in Chapter IV of High Court Rules, which deals with affidavits and Oath Commissioners and submitted that in view of provisions contained in various rules set out in Chapter IV of the High Court Rules, the affidavits sworn before the Oath Commissioners appointed by the Chief Justice of the High Court or other persons authorised in this behalf under the aforesaid Chapter alone can be accepted by this Court and an affidavit sworn before a Notary cannot be presented/accepted in the proceeding before this Court. Contrary to it learned Counsel for the applicant Sri A. K. Gaur. Advocate has submitted that affidavit sworn before a notary is acceptable in proceeding before this Court and in support of his contention he has placed reliance upon two reported decision of this Court to be referred hereinafter

(3.) BESIDES this under Section 139 of Code of Civil Procedure the powers to administer oath on affidavits have been given to certain persons as under: "139. Oath on affidavit by whom to be administered.- In the case of any affidavit under this Code - (a) any Court or Magistrate, or (aa) any notary appointed under the Notaries Act, 1952 (53 of 1952) or (b) any officer or other person whom a High Court may appointed 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. "