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1974 DIGILAW 59 (RAJ)

Ramji Lal v. Jawahar

1974-01-24

K.D.SHARMA

body1974
JUDGMENT 1. - This is a reference made by the learned Sessions Judge, Alwar with a recommendation that the order of the Sub-Divisional Magistrate, Alwar passed in a proceeding under section 145 Cr. P.C. between the parties over a land covered by Khasra No. 721, 722, 724 situated in village Sirmauli, Distt. Alwar, may be set aside. 2. For the reasons given out by the learned Sessions Judge, in his reference, the impugned order passed by the S.D.M. is liable to be quashed. The sole ground on which the reference has been made is that the affidavits of witnesses put in by the parties in support of their respective claims for possession over the land in dispute were not properly sworn by the deponents and that learned S.D.M. committed an error in placing reliance on those affidavits which were not verified according to law. 3. I have gone through the contents of affidavits put in by the parties & their witnesses. In the last paragraph of these affidavits the deponents have sworn this "that all the paragraphs therein are correct and that there is nothing false in them and that God may help." Such type of verification is highly defective, because the deponents could not state which paragraph or paragraphs in the affidavits were true to their knowledge & which were true to their belief. 4. They merely stated on oath that the contents of the affidavits were correct and nothing therein was false. Since the S.D.M. has based his decision upon evidence before him in form of affidavits, such type of affidavits as were not sworn in or verified in accordance with the provision of law contained in Order 19 Rule 3 C.P.C., could hardly furnish any sound basis for decision of the case. Reference in this connection may be made to an authority of this Court reported in Pritam Singh v. Ranjeet Singh, 1971 RLW 330 . 5. Consequently the reference is accepted. The order of the learned S.D.M. Alwar is set aside and the case is sent back to him with the direction that he would allow the parties and their witnesses so make good this defect in the verification of their affidavits and thereafter decide the case afresh in accordance with law. *******