Rule 1 of CPC : Rule 1: Power to order any point to be proved by affidavit.

Explanation using Example

Example 1:

Scenario: A property dispute case in a civil court in Mumbai.

Situation: Mr. Sharma and Mr. Verma are in a legal dispute over the ownership of a piece of land. Mr. Sharma claims that he has been in possession of the land for over 20 years, while Mr. Verma claims that he inherited the land from his ancestors.

Application of Rule 1:

• The court decides that the fact of Mr. Sharma's possession of the land for 20 years can be proved by an affidavit from Mr. Sharma's neighbor, Mr. Gupta, who has known Mr. Sharma for 25 years.
• Mr. Gupta submits an affidavit stating that he has seen Mr. Sharma living on and maintaining the land for the past 20 years.
• However, Mr. Verma's lawyer requests the court to produce Mr. Gupta for cross-examination to verify the authenticity of his statement.
• The court finds the request reasonable and orders Mr. Gupta to appear in court for cross-examination.

Example 2:

Scenario: A breach of contract case in a civil court in Delhi.

Situation: Ms. Kapoor sues a construction company for not completing the constr...

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