Whether any fact may be proved by affidavit.

Question: Whether any fact may be proved by affidavit.

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Answer

The Civil Procedure Code in India envisages the concept of Admission. As the word itself suggests that it is an acknowledgment of something. In a court of law admission is done in three ways:

1. Firstly, it is done through oral or documentary evidence available at the behest of the parties
2. Secondly, it is done through the written submissions made by the parties. In simpler terms through the arguments made by the parties.
3. Lastly, by agreement between the parties to recognize or accept particular evidence in whatsoever form.

Now, this admission is made under oath by a person who has knowledge of the facts and he then makes an admission through an affidavit. An affidavit is a sworn document by a person who has the knowledge of a fact to be true and it can be said that this person admits those facts to be true on Oath. The affidavit is signed by this person who is called the Deponent.

This affidavit need not be in usual circumstances proved if it is accompanied by annexures and relevant documents. However, Rule 1 of Order XII specifies that the court may direct any of the parties to prove the contents of the document if required.

Rule 1 of Order XII states that if any party wants to admit a certain fact or evidence it can do so by sending a notice to the other party. This notice allows the other party to have more clarity about the admission made by the party. This notice requires the admitting party to specifically state the facts admitted, either in whole or in part.

On the other hand, if a plaint makes certain allegations and the written statement made as a reply to the plaint does not specifically deny the stated facts. It shall be deemed that the adverse party is making an admission of a certain fact according to Rule 2A of Order XII. Therefore, the written statement should have a reply to each and every paragraph of the plaint and when there is a failure to do so, it shall be deemed to be admitted by the adverse party.

In the case of Padmabati Dasi v. Rasik Lal Dhar [(1910) ILR 37 Calcutta 259], the court observed that the affidavit should strictly comprise the rules laid down under Order XIX of CPC and should specifically provide that which portion of the affidavit the deponent had personal knowledge of and what is stated based upon deponents belief needs to be particularly highlighted. This will be useful for the court to decide what would be safe to rely upon as evidence.

The chief examination of a person is said to be taken on affidavit and the deponent can be cross-examined in the court with regards to the contents of the document presented as per Rule 2 under Order XIX.

Rule 3, further explains that an affidavit can only be made by a deponent based upon the facts which he himself has knowledge of, except Interlocutory applications in which statements he believes to be true are made.

Rule 6 states the guidelines which need to be followed while drafting an affidavit. It is essential to ensure that the affidavit should contain relevant facts which are formatted in paragraphs and should be in the chronology of events as it has occurred. If the court at any time, observes that the contents of the affidavit are a mere copy or reproduction of the pleadings made by the party it can strike out portions or the whole affidavit as it deems fit.

Each paragraph of an affidavit should be distinct and separate from the other and deal with each subject matter at a time.

So, yes, a fact may be proved by affidavit and the relevant provisions in the CPC are Order XII and Order XIX which go hand in hand and cannot be read in isolation to suggest how admission is made by way of an affidavit.

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