Sunder Industries and ors. Vs. General Engineer Works

Sunder Industries and ors. vs General Engineer Works

Type Court Judgment Court Delhi Decided Jan 07, 1982

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Citation: sooperkanoon.com/684239
Court: Delhi High Court
Judge: Sultan Singh, J.
Decided On: Jan 07, 1982
Case Number: Civil Revision Appeal No. 1165 of 1981
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Code of Civil Procedure - Order 19, Rule 3(1).; Without proper verification, the affidavits are of no value. - - (1) The verification on the affidavit in support of summons for judgment reads as undpr :VERIFIEDat Delhi on this 5th day of August 1981 that the contents of my above affidavit are true and correc...

Key legal issue: Civil
Acts & sections: Code of Civil Procedure (CPC), 1908 - Order 19, Rule 3(1)

Parties & Advocates

Appellant / Petitioner

Sunder Industries and ors.

Advocate J.B. Goel and; Jawahar Chawla, Advs

Respondent

General Engineer Works

Legal References

Acts: Code of Civil Procedure (CPC), 1908 - Order 19, Rule 3(1)
Cases Referred: In A. K. K. Nambiar v. Union of India and
Reported In: AIR1982Delhi220; 21(1982)DLT53; 1982(3)DRJ130; 1982RLR133

Excerpt

code of civil procedure - order 19, rule 3(1).; without proper verification, the affidavits are of no value. - - (1) the verification on the affidavit in support of summons for judgment reads as undpr :verifiedat delhi on this 5th day of august 1981 that the contents of my above affidavit are true and correct to my best knowledge and belief and nothing has been concealed there from'.(2) similarly the verification on the affidavit in reply to the application for leave to defend reads as under :verifiedat delhi on this 23rd day of september 1981 that the contents of all the aforesaid paras and sub-paras of my above affidavit are true and correct to my personal knowledge, knowledge from the records and the information received and the legal advice sought and believed to be true and correct and nothing has been concealed there from'.(3) order 19 rule 3(1) of the code of civil procedure provides, affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his beli(1) the verification on the affidavit in support of summons for judgment reads as undpr :- 'verifiedat delhi on this 5th day of august 1981 that the contents of my above affidavit are true and correct to my best knowledge and belief and nothing has been concealed there from'.(2) similarly the verification on the affidavit in reply to the application for leave to defend reads as under :- 'verifiedat delhi on this 23rd day of september 1981 that the contents of all the aforesaid paras and sub-paras of my above affidavit are true and correct to my personal knowledge, knowledge from the records and the information received and the legal advice sought and believed to be true and correct and nothing has been concealed there from'.(3) order 19 rule 3(1) of the code of civil procedure provides, 'affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted : provided that the grounds thereof are stated'thus affidavits are either affirmed as true to knowledge, or from information received provided the source of information is disclosed, or as to what the deponent believes to be true provided the grounds for such belief are stated. if the affidavit lacks such verification it is of no use. in a. k. k. nambiar v. union of india and another, : [1970]3scr121 , it has been observed that if affidavits were not properly verified they cannot be admitted in evidence. it, thereforee, must be held that two affidavits filed on behalf of the plaintiff are value less.

Full Judgment

(1) The verification on the affidavit in support of summons for judgment reads as undpr :-

'VERIFIEDat Delhi on this 5th day of August 1981 that the contents of my above affidavit are true and correct to my best knowledge and belief and nothing has been concealed there from'.

(2) Similarly the verification on the affidavit in reply to the application for leave to defend reads as under :-

'VERIFIEDat Delhi on this 23rd day of September 1981 that the contents of all the aforesaid paras and sub-paras of my above affidavit are true and correct to my personal knowledge, knowledge from the records and the information received and the legal advice sought and believed to be true and correct and nothing has been concealed there from'.

(3) Order 19 Rule 3(1) of the Code of Civil Procedure provides,

'AFFIDAVITS shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted : provided that the grounds thereof are stated'

Thus affidavits are either affirmed as true to knowledge, or from information received provided the source of information is disclosed, or as to what the deponent believes to be true provided the grounds for such belief are stated. If the affidavit lacks such verification it is of no use. In A. K. K. Nambiar v. Union of India and another, : [1970]3SCR121 , it has been observed that if affidavits were not properly verified they cannot be admitted in evidence. It, thereforee, must be held that two affidavits filed on behalf of the plaintiff are value less.

Same Court & Year Delhi · 1982 Same Parties Sunder Industries and ors. vs General Engineer Works Same Subject Civil Same Judge Sultan Singh, J. Acts & Sections Code of Civil Procedure (CPC), 1908 - Order 19, Rule 3(1)

Civil