1988 (8) TMI 431

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....oner, Government of Karnataka, Revenue Department and Tehsildar, Land Reforms, Koppa, Chickmagalur District, Karnataka. 2. During the hearing we noticed that the affidavit filed by the complainant as well as the affidavit filed in reply to the contempt petition both were not in accordance with the provisions of the Supreme Court Rules or Order 19 Rule 3 of CPC. Smt. Savithramma, the complainant, has filed affidavit in support of the contempt petition. In paragraph 2 of her affidavit she stated that the statements contained in the contempt petition were true to the best of her knowledge, belief and information. In paragraph 3 she has further stated that the affidavit had been read over, translated and explained to her and she understood t....

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....as to whether it would be safe to act on such evidence and to enable the court to know as to what facts are based in the affidavit on the basis of personal knowledge, information and belief as this is relevant for the purpose of appreciating the evidence placed before the Court, in the form of affidavit. The importance of verification has to be judged by the purpose for which it is required. It is only on the basis or verification, it is possible to decide "the genuineness and authenticity of the allegations and the deponent can be held responsible for the allegations made in the affidavit. In this Court evidence in support of the statements contained in writ petitions, special leave petitions, applications and other miscellaneous matters, ....

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....wn to the Secretary who made the affidavit personally. The verification however states that everything was true to the best of his information and belief. We point this out as slipshod verifications of this type might well in a given case lead to a rejection of the affidavit. Verifications should invariably be modelled on the lines of Order XIX, Rule 3, of the Civil Procedure Code, whether the Code applies in terms or not. And when the matter deposed to is not based on personal knowledge the sources of information should be clearly disclosed. 4. In the instant case verification of the complainant's affidavit is defective and it would not be safe to proceed on the allegations mentioned in the contempt petition. 5. The matter does n....