Order XIX: Affidavits

Code of Civil Procedure • First Schedule Official Statutory Text & Practice Guide

Statutory Civil Practice
Mandatory Procedure
Competent Civil Court
First Schedule

Legal Commentary & Landmark Judgments: Order 19

Order XIX regulates affidavits in civil proceedings, empowering courts to order any particular fact to be proved by affidavit while safeguarding the adversary's right to cross-examine the deponent.

  • Proof by Affidavit [R. 1]: Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing.
  • Cross-Examination Safeguard: Provided that where it appears that either party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorizing his evidence to be given by affidavit.
  • Matters to which Affidavits Confined [R. 3]: Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications on which statements of his belief may be admitted if grounds are stated.
  • Order 18 Rule 4 Integration: Evidence-in-chief in all civil trials is now submitted on affidavit under Order 18 Rule 4.
Key Landmark Precedents:
  • Sudha Devi v. M.P. Narayanan, (1988) 3 SCC 366: The Supreme Court authoritatively held that an affidavit is not evidence within the meaning of Section 3 of the Indian Evidence Act unless the court specifically orders a fact to be proved by affidavit under Order 19 or the statute expressly authorizes it.
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court affirmed that examination-in-chief by affidavit under Order 18 Rule 4 is governed by Order 19 rules, preserving the opponent's absolute right of cross-examination.
Courtroom Practice & Strategic Litigation Guidance:

In drafting trial affidavits, segregate paragraphs sworn on personal knowledge from paragraphs sworn on legal advice or records; mixing belief with personal knowledge violates Order 19 Rule 3 and renders the affidavit defective.