3. Matters to which affidavits shall be confined.—(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted: provided that the grounds thereof are stated.
(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party filing the same.
State amendments
Jammu and Kashmir and Ladakh (UTs).—
In Order XIX of the Code, after Rule 3, insert the following new rules, namely- 4. Court may control evidence.—(1) The court may, by directions, regulate the evidence as to issues on which it requires evidence and the manner in which such evidence may be placed before the court. (2) The court may, in its discretion and for reasons to be recorded in writing, exclude evidence that would otherwise be produced by the parties.
5. Redacting or rejecting evidence.—A court may, in its discretion, for reasons to be recorded in
writing—
(i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not, in its view, constitute evidence; or (ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence.
6. Format and guidelines of affidavit of evidence.—An affidavit must comply with the form and
requirements set forth below:—
(a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with; (b) where the court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party’s case, the court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper; (c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject;
(d) an affidavit shall state—
(i) which of the statements in it are made from the deponent’s own knowledge and which are
matters of information or belief; and (ii) the source for any matters of information or belief.
(e) an affidavit should—
(i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file); (ii) be divided into numbered paragraphs; (iii) have all numbers, including dates, expressed in figures; and (iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexures and page numbers of such documents that are relied upon.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
*[4. Court may control evidence.—(1) The Court may, by directions, regulate the evidence as to issues on which it requires evidence and the manner in which such evidence may be placed before the Court.
(2) The Court may, in its discretion and for reasons to be recorded in writing, exclude evidence that would otherwise be produced by the parties.
5. Redacting or rejecting evidence.— A Court may, in its discretion, for reasons to be recorded in
writing–– (i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not, in its view, constitute evidence; or (ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence.
6. Format and guidelines of affidavit of evidence.—An affidavit must comply with the form and
requirements set forth below:—
(a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with; (b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party’s case, the Court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper; (c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject;
(d) an affidavit shall state—
(i) which of the statements in it are made from the deponent’s own knowledge and which are
matters of information or belief; and (ii) the source for any matters of information or belief;
(e) an affidavit should—
___________________ * Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value. (w.e.f. 23-10-2015).
(i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file); (ii) be divided into numbered paragraphs; (iii) have all numbers, including dates, expressed in figures; and (iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexures and page numbers of such documents that are
relied upon.] Amendment of Order XIX.—In the Schedule, in Order XIX, in rule 1, for the existing proviso, the
following proviso shall be substituted, namely:– “Provided that if it appears to the Court, whether at the instance of either party, or otherwise and whether before or after the filing of such affidavit, that the production of such witness for cross- examination is necessary and his attendance can be produced, the Court shall order the attendance of such witness, whereupon the witness may be examined, cross-examined and re-examined.”
[Vide Uttar Pradesh Act 57 of 1976, s. 9]