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Sunder Industries and ors. Vs. General Engineer Works - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtDelhi High Court
Decided On
Case NumberCivil Revision Appeal No. 1165 of 1981
Judge
Reported inAIR1982Delhi220; 21(1982)DLT53; 1982(3)DRJ130; 1982RLR133
ActsCode of Civil Procedure (CPC), 1908 - Order 19, Rule 3(1)
AppellantSunder Industries and ors.
RespondentGeneral Engineer Works
Advocates: J.B. Goel and; Jawahar Chawla, Advs
Cases ReferredIn A. K. K. Nambiar v. Union of India and
Excerpt:
.....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 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.....
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.


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