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 authorized 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 decisions of this court to be referred hereinafter.

(3.) Now it is necessary to examine the issue in the light of the rival submissions of the parties. Rule 1 of Chapter IV of the High Court Rules deals with the Appointment of Oath commissioners who are appointed by the Chief Justice of this Court. Rule 3 pertains to maintenance of register by the Oath Commissioners. Rule 4 provides that each affidavit shall have recorded on it the number and the year of the register in which it is entered and the serial number and date of entry. It shall also have the coupon, as supplied by the court, affixed to it by the Oath Commissioner. A proviso has also been appended to it, to the effect that affidavit verified by Oath Commissioners of other States, by an officer of jail in the State of Uttar Pradesh, by the Superintendent-cum Accountant of the office of Official Liquidator, High Court, Allahabad and by the Police Sub-Inspector(M) in the office of the Inspector General of Police at Lucknow on whom powers of Oath Commissioner have been conferred can be presented before the court without such coupons. Under Rule 9 it is provided that an affidavit shall fully describe the person swearing it with such particulars as will ensure his clear identification such as his full name, his age, the name of his father and place of residence in such a manner as to enable for its identity to be clearly fixed. Rule 10 provides that persons who may make affidavits. Rule 11 provides for form of affidavit. Rule 12 deals with facts to be within the deponent's knowledge of source to be stated. Rule 13 provides for identification of deponent. Rule 15 provides that the contents of the affidavit to be explained to deponent. Rule 17 provides that the person administering an oath or affirmation to the person making an affidavit, shall follow the provisions of the Indian Oaths Act, 1873.