India
Indian Law – Affidavit – Smt. Sudha Devi Vs. M.P. Narayanan – AIR 1988 Page No. 1381; 1988 Volume No. 3 SCC Page No. 366; 1988 PLJR 78 – Although an affidavit may be taken as proof of the facts stated therein, the Courts have no jurisdiction to admit evidence by way of affidavit. Affidavit is treated as “Evidence” within the meaning of Section 3 of the Evidence Act. However, it was held by the Supreme Court that an affidavit can be used as an evidence only if the Court so orders for sufficient reasons. Therefore an affidavit cannot ordinarily be used as evidence in absence of specific order of the Court.
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