SMT. SAVITHRAMMA versus CECIL NARONHA & ANR.

SMT. SAVITHRAMMA versus CECIL NARONHA & ANR.

Affidavits not conforming to Rules 5 and 13 of Order XI of the Supreme Court Rules or proper verification under Order 19 Rule 3 CPC lack probative value and are inadmissible; consequently, such affidavits cannot be relied upon for contempt proceedings and must be rejected.

Parties
Complainant: Smt. Savithramma; Accused: Cecil Naronha; Accused: Secretary and Commissioner, Government of Karnataka, Revenue Department and Tehsildar, Land Reforms, Koppa, Chickmagalur District, Karnataka
Jurisdiction
India
Judgment Date
23 August 1988
Procedural Posture
Contempt Petition / Original Civil Jurisdiction
Outcome
Contempt petition rejected (with liberty to file proper affidavits within six weeks)
Legal Topics
Affidavit, Contempt of Court, Mode of Placing Evidence, Verification of Affidavits
Civil Procedure Affidavit Contempt of Court Mode of Placing Evidence Verification of Affidavits

Case Brief

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Parties

Smt. Savithramma

Complainant

Cecil Naronha

Accused

Secretary and Commissioner, Government of Karnataka, Revenue Department and Tehsildar, Land Reforms, Koppa, Chickmagalur District, Karnataka

Accused

Procedural Posture

Contempt Petition / Original Civil Jurisdiction

Legal Issues

  1. 1 Whether affidavits not complying with Rules 5 and 13 of Order XI of the Supreme Court Rules are admissible as evidence in contempt proceedings
  2. 2 Whether defective affidavits, lacking proper verification and disclosure of knowledge, information, and belief, have probative value

Ratio Decidendi

Affidavits not conforming to Rules 5 and 13 of Order XI of the Supreme Court Rules or proper verification under Order 19 Rule 3 CPC lack probative value and are inadmissible; consequently, such affidavits cannot be relied upon for contempt proceedings and must be rejected.

Court Disposition

Contempt petition rejected (with liberty to file proper affidavits within six weeks)

Orders

  • Affidavits filed by both parties are rejected as not in compliance with rules.
  • Contempt petition is rejected on this ground alone.