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O.19 R 3 CPC

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      O.19 R 3

      Affidavit – Not evidence

      Affidavits are not included within the purview of the definition of “evidence” in S.3 of the Evidence
      Act, and the same can be used as “evidence” only if ,for sufficient reasons ,the court passes an order
      under o. 19 of the Code of Civil Procedure,1908.Thus ,the filing of an affidavit of one’s own statement, in
      one’s own favour ,cannot be regarded as sufficient evidence for any Court or Tribunal ,on the basis of
      which it can come to a conclusion as regards a particular fact – situation. However , in a case where
      the deponent is available for cross – examination , and opportunity is available for cross – examination
      him, the same can be replied upon .Such view ,stands fully affirmed particularly ,in view of the
      amended provision of O.18 ,Rules 4 and 5,CPC.

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