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 ca...

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