( 1 ) WE have heard Sri A. K. Gaur, learned counsel for the applicant and Sri o. P. Tripathi appearing for respondent.

( 2 ) COUNTER and rejoinder - affidavits have been exchanged between the parties and the case was ripped for final disposal. A supplementary rejoinder - affidavit sworn before a notary has been filed by the applicant in the proceeding in question, on account of which a preliminary objection was raised by learned counsel of opposite party to the effect that an affidavit sworn before a Notary cannot be accepted in proceeding before this court, therefore, it became necessary to dispose of this question as a preliminary issue first before dealing with the main issue. Thus, a question arises for consideration whether an affidavit sworn before the notary is admissible or can be presented in a proceeding before this court or not? In this connection learned counsel for opposite party has drawn our attention to the various rules contained in Chapter IV of High court Rules, which deals with affidavits and oath Commissioners and submitted that in view of provisions contained in various rules set out in Chapter IV of the High Court rules, the affidavits sworn before the Oath c

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