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TMI Blog2009 (4) TMI 1021X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by Civil Judge, Junior Division, Bhandrawati in R.C.S. NO. 1/1998, below Exh.156, an application preferred by the petitioners for adducing the evidence of a witness on affidavit sworn before the notary. 3. Impugned order reads thus- ORDER PASSED BELOW EXHIBIT 156. Perused the affidavit annexed herewith. It is sworn by one Manohar Narayan Pranale before a Notary. As per Order 18 Rule 4 of C.P.C., the evidence affidavit of witness is to be sworn before Court machinery. If there would have been any other option to do so, legislature would have mentioned the same in the said provision. The Hon'ble High Court has directed on 15.7.2008 to dispose of the matter within six months. The parties were asked to cooperate the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the object of introducing amendment of Section 139 (aa) of the Code of Civil Procedure, contended that the affidavit sworn before the Notary appointed under the Notaries Act can be treated as an affidavit in examination in chief, which can be accepted under Order 18 Rule 4 of C.P.C. in the proceedings before the Civil Court. Therefore, according to him, the impugned order is incorrect. 6. Learned counsel for respondent no.2 has however supported the order of the Court saying that the discretionary powers of the Civil Court has been correctly exercised by passing the impugned order of rejecting the application Exh. 156 by the learned trial Judge. She has also relied on the provisions of Order 18, Rule 4 to contend that the same sugges ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts which are filed alongwith affidavit shall be subject to the orders of the Court. It does not exclude, in specific, the affidavits sworn before the notaries, nor the same direct that such affidavit could only be those sworn before the Court officials. 10. At this stage, it is necessary to refer the provisions of Section 139 of C.P.C. The same reads thus 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; or] (b) any officer or other person whom a High Court may appoint in this behalf, or (c ) any officer appointed by any other court, which the State Government has generally or specific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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. 14. Adverting to the contentions that the petitioners had failed to clarify the position ..... X X X X Extracts X X X X X X X X Extracts X X X X
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