Section 139 of CPC : Section 139: Oath on affidavit by whom to be administered.

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 State Government has empowered to administer oaths.

Priya chooses to go to the High Court of Delhi, where an officer appointed by the High Court administers the oath. Priya signs the affidavit, and the officer certifies it, making it valid for submission in her case.

Example 3:

Scenario: Sunil, who lives in a remote village in Karnataka, needs to submit an affidavit in a civil case regarding agricultural land in the local Taluk Court.

Application of Section 139: Sunil can have his affidavit sworn in before:

• The Taluk Court Judge or Magistrate.
• A notary public appointed under the Notaries Act, 1952.
• An officer appointed by the High Court of Karnataka for this purpose.
• An officer appointed by any other court which the Karnataka State Government has empowered to administer oaths.

Since the Taluk Court is far from his village, Sunil visits a nearby notary public. The notary administers the oath, and Sunil signs the affidavit. The notary then certifies the affidavit, making it valid for submission in the Taluk Court.

Example 4:

Scenario: Anjali needs to submit an affidavit in a civil case related to a business contract in the High Court of Madras.

Application of Section 139: Anjali can have her affidavit sworn in before:

• A Judge or Magistrate of the High Court of Madras.
• A notary public appointed under the Notaries Act, 1952.
• An officer appointed by the High Court of Madras for this purpose.
• An officer appointed by any other court which the Tamil Nadu State Government has empowered to administer oaths.

Anjali decides to go to the High Court of Madras, where an officer appointed by the High Court administers the oath. Anjali signs the affidavit, and the officer certifies it, making it valid for submission in her case.