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    <title>1958 (11) TMI 42 - MYSORE HIGH COURT</title>
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    <description>A court cannot compel parties to prove a disputed case wholly by affidavit, because oral evidence remains the norm and affidavit evidence under Order 19 of the Code of Civil Procedure is confined to limited situations where procedural safeguards, including cross-examination, are available. The text also notes that findings based on affidavits contrary to the court record and judge&#039;s notes are unsustainable if accepted without proper testing. On that basis, the ex parte eviction order was set aside, the impugned order was quashed, and the eviction application was restored for disposal according to law.</description>
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    <pubDate>Wed, 26 Nov 1958 00:00:00 +0530</pubDate>
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      <title>1958 (11) TMI 42 - MYSORE HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=200027</link>
      <description>A court cannot compel parties to prove a disputed case wholly by affidavit, because oral evidence remains the norm and affidavit evidence under Order 19 of the Code of Civil Procedure is confined to limited situations where procedural safeguards, including cross-examination, are available. The text also notes that findings based on affidavits contrary to the court record and judge&#039;s notes are unsustainable if accepted without proper testing. On that basis, the ex parte eviction order was set aside, the impugned order was quashed, and the eviction application was restored for disposal according to law.</description>
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      <pubDate>Wed, 26 Nov 1958 00:00:00 +0530</pubDate>
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