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Section 139: Oath on affidavit by whom to be administered

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 138 All 158 Sections of Code of Civil Procedure Section 140

Legal Commentary & Landmark Judgments: Section 139

Section 139 specifies the statutory authorities before whom affidavits under the CPC may be sworn and affirmed, including courts, magistrates, notaries, and appointed commissioners.

  • Competent Oath Authorities: In the case of any affidavit under this Code: (a) any court or magistrate, (b) any notary appointed under the Notaries Act, 1952, (c) any officer or other person appointed by a High Court in this behalf, and (d) any officer appointed by any other court which the State Government has generally or specially empowered.
  • Notaries Act Integration: Gives full statutory validity to affidavits attested by public notaries under clause (b).
  • Condition for Valid Pleading: An affidavit not sworn before an authority specified in Section 139 is inadmissible in evidence.
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court noted that the 2002 amendment requiring plaints and written statements to be accompanied by affidavits under Order 6 Rule 15 relies on Section 139 for valid attestation.
  • State of U.P. v. Babu Ram Upadhya, AIR 1961 SC 751: Affirmed that verification before authorized Section 139 officers is essential to sustain perjury prosecutions under Section 193 IPC.
Courtroom Practice & Strategic Litigation Guidance:

Ensure that every affidavit filed with a plaint, application, or evidence examination-in-chief is formally sworn before an Oath Commissioner or Notary Public authorized under Section 139 with an official seal and notarial stamp.

Section 138 All 158 Sections of Code of Civil Procedure Section 140