Affidavit affirmed before a diplomatic officer abroad remains valid for writ registration where no exclusionary rule applies.

An affidavit supporting a writ stay petition affirmed before a diplomatic officer abroad was treated as valid for registration, because the later Writ Rules made the Code of Civil Procedure applicable to Article 226 proceedings and neither those rules nor the Original Side Rules contained any exclusion against affirmation before a notary or other authorised authority. Section 139 CPC recognised affidavits before a notary, and the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 recognised oaths and affidavits taken abroad by diplomatic or consular officers with the same effect as in India. The department was directed to accept and register the application if otherwise in order.

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Issues: Whether an affidavit supporting a writ appeal application could be accepted for registration when it was affirmed before a diplomatic officer abroad, and whether the prevailing writ and original side rules permitted such affirmation in the absence of any express exclusion.

Analysis: The earlier view that affirmation before a notary public was impermissible in writ proceedings was held to have lost force after the later Writ Rules came into operation. Rule 53 made the provisions of the Code of Civil Procedure applicable to proceedings under Article 226 so far as they could be applied, and neither those rules nor the Original Side Rules contained any contrary or exclusionary provision barring affirmation before a notary or other authorised authority. Section 139 of the Code of Civil Procedure recognised administration of oath by a notary appointed under the Notaries Act, and Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 recognised the authority of diplomatic or consular officers abroad to administer oaths, take affidavits and perform notarial acts with the same effect as a lawful authority in India.

Conclusion: The affidavit was valid for the purpose of registration of the stay petition, and the department was directed to accept and register the application if otherwise in order.

Ratio Decidendi: Where the governing writ rules make the Code of Civil Procedure applicable and no exclusionary rule bars it, an affidavit affirmed before a legally authorised notarial or diplomatic authority cannot be rejected merely on the ground of the place or mode of affirmation.

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