Rule 10 of CPC : Rule 10: No exception to be taken.

Explanation using Example

Example 1:

Scenario: Ramesh files a civil lawsuit against Suresh for breach of contract. During the discovery process, Ramesh requests certain documents from Suresh. Suresh submits an affidavit stating that he has provided all relevant documents.

Application of Rule 10: Ramesh believes that Suresh's affidavit is insufficient and objects to it. According to Rule 10 of the Code of Civil Procedure 1908, Ramesh cannot take exception to the affidavit itself. Instead, he must bring the issue before the court, which will then determine whether Suresh's affidavit is sufficient or not.

Outcome: The court reviews the affidavit and decides whether Suresh has indeed provided all relevant documents. If the court finds the affidavit insufficient, it may order Suresh to provide additional documents.

Example 2:

Scenario: Priya is involved in a property dispute with her neighbor, Anil. During the discovery phase, Priya requests Anil to disclose certain financial records. Anil submits an affidavit claiming that he has disclosed all necessary financial records.

Application of Rule 10: Priya feels that Anil's affidavit does not cover all the financial records she requested and objects to its sufficiency. Under Rule 10, Priya cannot challenge the affidavit itself. She must present her concerns to the court, which will then assess the sufficiency of Anil's affidavit.

Outcome: The court examines the affidavit and determines whether Anil has adequately disclosed the financial records. If the court finds the affidavit lacking, it may instruct Anil to provide the missing records.