AIR 2006 ALLAHABAD 36 ::2006 (1) All LJ EE 73 ::2006 (1) All LJ 73 ::2006 (1) ALJ 73 ::2006 (2) AKAR (NOC) 172 (ALL) ::2006 (2) AIR Kar R 172 ::2006 A I H C (NOC) 4 (ALL) ::(2005) 4 ACC 643 ::(2006) 2 CivLJ 448 ::(2005) 4 RecCivR 827 ::2006 (2) All CJ 836 ::(2007) 1 ACJ 435 ::(2006) 1 TAC 1016 ::(2005) 3 Pun LR 461 ::(2006) 2 All WC 1083 ::(2005) 53 AllCriC 913 ::(2006) 37 AllIndCas 330 (ALL) ::2006 (37) AllIndCas 330 ::(2006) 1 JCR 431 (ALL)

Allahabad High Court

Hon'ble Judge(s): Vijay Manohar Sahai, Sabhajeet Yadav , JJ

Notaries Act (53 of 1952) , S.8— Allahabad High Court Rules (1952) , Chap.4 R.4, Chap.4 R.17— Civil P.C. (5 of 1908) , S.139— Affidavits sworn before Notaries - Can be presented in proceedings before High Court. The provisions contained in Chap. 4 of High Court Rules do not exclude either expressly or by necessary implication the presentation of affidavits sworn before the Notaries in proceedings before High Court which are to be disposed of on the basis of affidavits, therefore , it cannot be held that only those affidavits which are sworn before the Oath Commissioners appointed by the Chief Justice of High Court can be presented and accepted in proceedings before High Court. Thus taking pedantic and technical view in the matter would virtually cause great hardship to the public at large and defeat the very purpose of Notaries Act 1952, and resultanly provisions of Notaries Act and S. 139 of C.P.C. would be rendered meaningless. Therefore, affidavits sworn before Notaries appointed under Notaries Act, 1952 can be presented in proceedings before the High Court and cannot be excluded for consideration.(Para 7) .....