Affidavit — Evidence — Sworn before Notaries can be accepted by the Civil Court — Civil Procedure Code S. 139 Order 18 Rule 4.

[ Prashant Chandrashekhar Gundawar & Ors. v. Municipal
Council, Bhadrawati & Anr., AIR 2009 Bombay 144]

The issue which arose for consideration was whether
affidavits which are to be filed in the Court, can be sworn by on
administering the oath to the deponents, by any notary appointed under the
Notaries Act.

It was observed that notaries have power to administer oath
under the Notaries Act. In absence of statutory provision, the courts were
refusing to accept the affidavits sworn before the notary. S. 139 of CPC, was
amended to include a specific provision permitting the swearing of such
affidavits before the Notaries. The deponents are to be the persons who are
authorised u/s.139 of CPC to do so. Therefore, the result is obvious that the
notaries are authorised 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 CPC 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 affidavit sworn before Notaries can be accepted as evidence
by the Civil Court.