Section 139 of CPC : Section 139: Oath on affidavit by whom to be administered.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh wants to submit an affidavit in a civil case regarding a property dispute in a District Court in Mumbai.
Application of Section 139: Ramesh can have his affidavit sworn in before:
- The District Court Judge or Magistrate in Mumbai.
- A notary public appointed under the Notaries Act, 1952.
- An officer appointed by the High Court of Bombay for this purpose.
- An officer appointed by any other court which the Maharashtra State Government has empowered to administer oaths.
Ramesh decides to go to a notary public near his residence. The notary administers the oath, and Ramesh signs the affidavit. The notary then certifies the affidavit, making it valid for submission in the District Court.
Example 2:
Scenario: Priya needs to submit an affidavit in a civil case concerning a family dispute in the High Court of Delhi.
Application of Section 139: Priya can have her affidavit sworn in before:
- A Judge or Magistrate of the High Court of Delhi.
- A notary public appointed under the Notaries Act, 1952.
- An officer appointed by the High Court of Delhi for this purpose.
- An officer appointed by any other court which the Delhi ...
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