Notarised affidavit evidence under civil procedure can be accepted on record when sworn before a notary.

An affidavit of examination-in-chief sworn before a notary can be accepted on record as evidence under the Code of Civil Procedure. Order 18 Rule 4 requires examination-in-chief to be filed by affidavit, while Section 139 authorises a notary to administer oath for affidavits under the Code. Read together, these provisions do not confine valid affidavits to those sworn only before court staff or court machinery. The court held that the statutory scheme and the amendment to Section 139 support acceptance of notarised affidavits, so an order rejecting such an affidavit on that ground was inconsistent with the law and was quashed.

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Issues: Whether an affidavit of examination-in-chief sworn before a notary can be accepted on record as evidence under the Code of Civil Procedure, and whether the order rejecting such affidavit was lawful.

Analysis: Order 18 Rule 4 requires examination-in-chief to be filed on affidavit, but it does not confine the affidavit to one sworn only before court staff. Section 139 authorises a notary appointed under the Notaries Act to administer oath in the case of affidavits under the Code. Reading these provisions together, affidavits sworn before a notary are not excluded from being taken on record as evidence. The object of the amendment to Section 139 also supports acceptance of such affidavits. The rejection order, based on the ground that the affidavit was not sworn before court machinery, was therefore inconsistent with the statutory scheme.

Conclusion: An affidavit sworn before a notary is valid for filing as examination-in-chief evidence, and the impugned rejection order was quashed in favour of the petitioners.

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