Rule 3 of CPC : Rule 3: Matters to which affidavits shall be confined.

Explanation using Example

Example 1:

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

Context: Rajesh is involved in a property dispute with his neighbor, Sunil. Rajesh files an affidavit to support his claim that a particular piece of land belongs to him.

Application of Rule 3:

1. Affidavit Content: Rajesh's affidavit should only include facts that he personally knows. For instance, he can state that he has been living on the property for 20 years and has been paying property taxes, attaching receipts as evidence.
2. Interlocutory Applications: If Rajesh believes that Sunil has been encroaching on his land, he can state his belief in an interlocutory application, provided he explains the basis for this belief, such as witnessing Sunil's workers building a fence on the disputed land.
3. Costs of Affidavits: If Rajesh includes hearsay, like a neighbor's statement that the land belongs to him, or argumentative statements, like claiming Sunil is a dishonest person, the court may order Rajesh to bear the costs of filing such an affidavit.

Example 2:

Scenario: A divorce case in a family court in Delhi.

Context: Priya is seeking a divorce from her husband, Amit, on the grounds of cruelty. She files an affidavit detailing instances of Amit's abusive behavior.

Application of Rule 3:

1. Affidavit Content: Priya's affidavit should include specific incidents she personally experienced, such as dates and descriptions of abusive behavior, and any medical reports or police complaints she filed.
2. Interlocutory Applications: If Priya believes Amit is hiding assets, she can state this belief in an interlocutory application, provided she explains the basis for this belief, such as noticing large withdrawals from their joint bank account.
3. Costs of Affidavits: If Priya includes statements from her friends about Amit's behavior or makes argumentative claims without evidence, the court may order her to pay the costs of filing such an affidavit.

Example 3:

Scenario: A commercial contract dispute in a civil court in Bangalore.

Context: A company, XYZ Pvt. Ltd., is in a dispute with a supplier, ABC Traders, over the quality of goods delivered. XYZ files an affidavit to support their claim for damages.

Application of Rule 3:

1. Affidavit Content: The affidavit should include facts known to XYZ, such as the dates of delivery, the condition of the goods upon receipt, and any correspondence with ABC Traders regarding the issue. XYZ can attach inspection reports and emails as evidence.
2. Interlocutory Applications: If XYZ believes that ABC Traders is likely to dispose of assets to avoid paying damages, they can state this belief in an interlocutory application, provided they explain the basis for this belief, such as recent sales of ABC's assets.
3. Costs of Affidavits: If XYZ includes speculative statements about ABC's business practices or copies of unrelated documents, the court may order XYZ to bear the costs of filing such an affidavit.

Example 4:

Scenario: A tenant eviction case in a civil court in Chennai.

Context: A landlord, Suresh, is seeking to evict his tenant, Ramesh, for non-payment of rent. Suresh files an affidavit to support his eviction petition.

Application of Rule 3:

1. Affidavit Content: Suresh's affidavit should include facts he knows, such as the rental agreement, the amount of rent due, and the duration of non-payment. He can attach copies of the rental agreement and rent receipts as evidence.
2. Interlocutory Applications: If Suresh believes Ramesh is subletting the property without permission, he can state this belief in an interlocutory application, provided he explains the basis for this belief, such as observing strangers living in the property.
3. Costs of Affidavits: If Suresh includes hearsay, like a neighbor's statement about Ramesh's activities, or argumentative statements, like claiming Ramesh is a bad tenant, the court may order Suresh to pay the costs of filing such an affidavit.