JUDGMENT

Prakash Padia, J.

Heard Shri Sahab Tiwari, learned counsel for the petitioner and perused the record.

2. While going through the record, the Court finds that there are certain fundamental defects in the affidavit filed in support of the petition. Photocopy of the affidavit is as under:-

3. The present petition under Article 227 of the Constitution of India has been filed inter-alia with the prayer to set aside the impugned notice dated 16.07.2019 and impugned order dated 12.12.2022 passed by Civil Judge (Senior Division) Hathras in Execution Case No. 26 of 85 M/s Gouthi Bandhu and others v. State of U.P., and others arising out of ex-party judgment and decree dated 23.11.1984 passed in Original Case No. 308 of 1983.

4. While going through the record it transpires that affidavit filed in support of the petition was sworn in a very casual manner. Paragraph-1 of the aforesaid affidavit reads as follows:-

"1. That the deponent is the sole petitioner / Petitioner No. and pairokar of the petitioner No. .......... in the aforementioned writ petition, and is fully acquainted with the facts of the case deposed to below and those stated in the writ petition."

5. From perusal of the photocopy of the entire affidavit which is already quoted above, it is not clear that whether the affidavit is sworn by Pairokar of the petitioner or by the petitioner. Further the WRIT PETITION has been written in the affidavit though the present petition has been filed before this Court under the heading "Matter Under Article 227 of the Constitution of India".

6. The petition has been filed on behalf of Executive Officer (In- charge) of the Nagar Palika Parishad, Hathras. It appears from perusal of the record that no efforts were taken by him or by his Pairokar to go through the petition before making signatures on the same. Large number of petitions are coming before this Court everyday which was drafted in a very casual manner. Such kind of casual approach is not permissible in law.

7. An affidavit is a statement made by a person before the court or an appropriate adjudicating authority, wherein the deponent (the person who makes the statement) states the facts and information related to the matter in dispute, in his knowledge and swears it to be true. There are various provisions in Indian law, which explain what an affidavit is and the proper procedure that must be followed while submitting it before the court.

8. Indian Civil Procedure Code 1908 : Order XIX

As per Rule 1: A court can at any time, for which reasons can be recorded, order that an affidavit shall be submitted to prove any facts or circumstances as the court may wish and find reasonable.

Rule 3 (1) describes the situation or circumstances which can be explained through an affidavit. It says that affidavits will be confined to such facts that the deponent is able to prove through his own knowledge. However interlocutory applications are excluded from the ambit of this rule and therefore in interlocutory applications, statements of his belief may also be admitted provided proper reasoning and explanation is given for the same.

9. Importance of an affidavit

As I have seen that an affidavit is the testimony of the deponent, sworn by himself to be true, on the basis of which the court proceeds with the case and examines cases on its merit, hence it becomes very vital that people speak the truth while deposing, therefore, to prevent rampant abuse of process and court resources, any act of lying or giving false evidence under oath is a punishable offence under INDIAN PENAL CODE (IPC).

Under, Section 193 of IPC it is prescribed that whoever intentionally gives false evidence in any stage of a judicial proceeding or fabricates false evidence for using it in a proceeding, will be liable to be punished with imprisonment up to 7 years.

10. Essential elements of an affidavit

Certain aspects of an affidavit are of vital importance to be included, so as to validity to the said affidavit.

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