Defective affidavit attestation renders a writ petition non-maintainable until properly rectified under oath-administration rules.

A writ petition supported by an affidavit signed by someone other than the petitioner, and not attested in the manner required by the applicable rules, is defective and cannot be acted upon by the court. A valid affidavit must be personally sworn by the deponent before the attesting officer, with the required register entry, signature, and endorsement showing the place of attestation and register reference. Non-compliance with these oath-administration requirements leaves the attestation incomplete and the affidavit invalid. Time was granted to rectify the defect.

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Issues: Whether a writ petition supported by an affidavit signed by a person other than the petitioner, and not attested in the manner required by the applicable rules, is defective and incapable of being acted upon by the Court.

Analysis: An affidavit is a solemn declaration intended to be treated as evidence in proceedings where oral evidence is replaced by affidavit evidence. The governing rules require the deponent to appear before the attesting officer, the particulars of the transaction to be entered in the prescribed register, the deponent's signature to be obtained, and the affidavit endorsement to reflect the register reference and place of attestation. These requirements are integral to a valid administration of oath or affirmation. If the affidavit is signed by another person, or the prescribed record of attestation is not maintained, the attestation is incomplete and the affidavit is defective. The Court will not act on such defective affidavits.

Conclusion: The writ petition was held to be defective because the verifying affidavit was not properly executed and attested, and time was granted for rectification.

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