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Issues:
1. Admissibility of an affidavit sworn before a notary in a proceeding before the High Court. Analysis: The judgment in question dealt with the issue of whether an affidavit sworn before a notary is admissible in a proceeding before the High Court. The preliminary objection raised was regarding the acceptance of an affidavit sworn before a Notary in the court proceedings. The opposing party argued that only affidavits sworn before Oath Commissioners appointed by the Chief Justice of the High Court could be accepted. However, the applicant contended that affidavits sworn before a notary are acceptable in court proceedings. The court examined the relevant rules under Chapter IV of the High Court Rules, which deal with the appointment of Oath Commissioners and the swearing of affidavits before them. The court noted that the rules did not exclusively mandate affidavits to be sworn only before Oath Commissioners of the High Court. The provisions allowed for exceptions, indicating that affidavits sworn before other authorized persons could also be presented before the court. Furthermore, the court referenced Section 139 of the Code of Civil Procedure, which grants the power to administer oaths on affidavits to various individuals, including notaries appointed under the Notaries Act 1952. The court also cited previous judgments where the admissibility of affidavits sworn before notaries was upheld. It was emphasized that the provisions of the High Court Rules did not expressly exclude affidavits sworn before notaries from being presented in court proceedings. The court concluded that taking a strict and technical view on the matter would cause hardship and defeat the purpose of the Notaries Act 1952 and Section 139 of the CPC. Therefore, the court held that affidavits sworn before notaries can be presented in the proceedings before the High Court and should not be excluded from consideration. In light of the above analysis, the objection raised against the admissibility of an affidavit sworn before a notary was deemed unsustainable and rejected by the court. The applicant was granted a specific timeframe to file a supplementary affidavit, and the judgment clarified the admissibility of affidavits sworn before notaries in court proceedings.
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