PART E THE MAKING AND FILING OF AFFIDAVITS IN THE HIGH COURT.
1. Affidavits intended to be presented in the High Court in support of any memorandum of appeal, cross-objection on appeal, application for review or petition for revision or any other application or petition under the Code of Civil Procedure, shall be drawn up and attested in the manner prescribed for the Civil Courts of the Punjab by the rules made by the High Court in that behalf, and be declared before some Court or Magistrate or officer appointed to administer the oath to the deponent.
2. When a memorandum of appeal, cross-objection on appeal, application for review or petition for revision or any other application or petition presented in a suit or appeal under the Code of Civil Procedure, or in a proceeding to which section 141 of the Code applies, contains an assertion of any fact or facts contrary to or outside the record, or not supported by evidence already on the record, such assertion shall be supported by one or more affidavits.
3. Such affidavit shall ordinarily be presented with the memorandum of appeal, cross-objection, application or petition.
4. Any ground contained in any such memorandum of appeal, cross- objection, application, or petition containing an assertion of fact not supported by affidavit may on the hearing thereof be ordered, by the Judge or Bench, to be struck out or amended summarily, unless leave be granted to present an affidavit in support thereof.
5. Facts asserted by a party showing cause against any appeal, application or petition supported by affidavit, shall likewise be supported by affidavit, whether the facts asserted be in contradiction of the facts asserted in support of the same or be fresh matter. Such affidavits must ordinarily be presented before the date fixed for the hearing but may with the permission of the Judge be presented at the hearing.
6. When upon any application any evidence is to be given, such evidence shall ordinarily be given by affidavit as provided in Order XIX rule 2 of the Code of Civil Procedure, and not otherwise, unless by an order of a Judge or Bench.
Explanation. - Evidence given in support of any of the following or similar applications should be given by affidavit unless otherwise ordered:-
(a) application to admit an appeal or application which is prima facie barred by time;
(b) application to add parties or to substitute representatives of parties;
(c) application to re-admit an appeal or application which has been dismissed for default or to re-hear an appeal heard in the absence of the respondent;
(d) application to transfer or withdraw a suit or appeal;
(e) application to stay execution of decree or order;
(f) application for security of costs; and
(g) application for leave to appeal in forma pauperis.
7. Affidavits intended to be used in any proceeding before the High Court may be presented, unless otherwise directed, to the Judge or Bench at the time when the proceeding is called on, or before such time to the Deputy Registrar, who shall thereupon file them with the proceeding after noting thereon the date of presentation.
Under
the provisions of section 139(b) of the Code of Civil Procedure and section
539 of the Code of Criminal Procedure, certain ministerial officers of the
High Court are appointed from time to time by the High Court to administer
oaths and affirmations to deponents of affidavits required to be presented in
the High Court. The rules and instructions contained in Chapter 12,Parts A and
B, High Court Rules and Orders, Volume IV, will be followed in all respects.
The names of the ministerial officers so appointed in the High Court from time
to time are communicated to the High Court Bar.
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