JUDGMENT Prakash Padia, J. Heard Shri Sahab Tiwari, learned counsel for the petitioner and perused the record. 2. While going through the record, the Court finds that there are certain fundamental defects in the affidavit filed in support of the petition. Photocopy of the affidavit is as under:- 3. The present petition under Article 227 of the Constitution of India has been filed inter-alia with the prayer to set aside the impugned notice dated 16.07.2019 and impugned order dated 12.12.2022 passed by Civil Judge (Senior Division) Hathras in Execution Case No. 26 of 85 M/s Gouthi Bandhu and others v. State of U.P., and others arising out of ex-party judgment and decree dated 23.11.1984 passed in Original Case No. 308 of 1983. 4. While going through the record it transpires that affidavit filed in support of the petition was sworn in a very casual manner. Paragraph-1 of the aforesaid affidavit reads as follows:- "1. That the deponent is the sole petitioner / Petitioner No. and pairokar of the petitioner No. .......... in the aforementioned writ petition, and is fully acquainted with the facts of the case deposed to below and those stated in the writ petition." 5. From perusal of the photocopy of the entire affidavit which is already quoted above, it is not clear that whether the affidavit is sworn by Pairokar of the petitioner or by the petitioner. Further the WRIT PETITION has been written in the affidavit though the present petition has been filed before this Court under the heading "Matter Under Article 227 of the Constitution of India". 6. The petition has been filed on behalf of Executive Officer (In- charge) of the Nagar Palika Parishad, Hathras. It appears from perusal of the record that no efforts were taken by him or by his Pairokar to go through the petition before making signatures on the same. Large number of petitions are coming before this Court everyday which was drafted in a very casual manner. Such kind of casual approach is not permissible in law. 7. An affidavit is a statement made by a person before the court or an appropriate adjudicating authority, wherein the deponent (the person who makes the statement) states the facts and information related to the matter in dispute, in his knowledge and swears it to be true. Such kind of casual approach is not permissible in law. 7. An affidavit is a statement made by a person before the court or an appropriate adjudicating authority, wherein the deponent (the person who makes the statement) states the facts and information related to the matter in dispute, in his knowledge and swears it to be true. There are various provisions in Indian law, which explain what an affidavit is and the proper procedure that must be followed while submitting it before the court. 8. Indian Civil Procedure Code 1908 : Order XIX As per Rule 1: A court can at any time, for which reasons can be recorded, order that an affidavit shall be submitted to prove any facts or circumstances as the court may wish and find reasonable. Rule 3 (1) describes the situation or circumstances which can be explained through an affidavit. It says that affidavits will be confined to such facts that the deponent is able to prove through his own knowledge. However interlocutory applications are excluded from the ambit of this rule and therefore in interlocutory applications, statements of his belief may also be admitted provided proper reasoning and explanation is given for the same. 9. Importance of an affidavit As I have seen that an affidavit is the testimony of the deponent, sworn by himself to be true, on the basis of which the court proceeds with the case and examines cases on its merit, hence it becomes very vital that people speak the truth while deposing, therefore, to prevent rampant abuse of process and court resources, any act of lying or giving false evidence under oath is a punishable offence under Indian Penal Code (IPC). Under, Section 193 of IPC it is prescribed that whoever intentionally gives false evidence in any stage of a judicial proceeding or fabricates false evidence for using it in a proceeding, will be liable to be punished with imprisonment up to 7 years. 10. Essential elements of an affidavit Certain aspects of an affidavit are of vital importance to be included, so as to validity to the said affidavit. 1. The declaration should be made by a legal person, 2. Contents of the affidavit should relate and connect with the said facts of the case, 3. The declaration must be in writing, 4. The language of the said declaration must be in the first person, 5. 1. The declaration should be made by a legal person, 2. Contents of the affidavit should relate and connect with the said facts of the case, 3. The declaration must be in writing, 4. The language of the said declaration must be in the first person, 5. The affidavit must be signed or affirmed, before a Magistrate or other authorised and appropriate officer. 11. In the case of In re: Sanjiv Datta, Deputy Secretary, Ministry of Information And Broadcasting, New Delhi reported in (1995) 3 SCC 619 , the Hon'ble Apex Court has deprecated casual and in different attitude of some of the lawyers. The relevant paragraphs, which is paragraph no's. 19 and 20 of the aforesaid judgment reproduced below:- "19. Of late, we have been coming across several instances which can only be described as unfortunate both for the legal profession and the administration of justice. It becomes, therefore, our duty to bring it to the notice of the members of the profession that it is in their hands to improve the quality of the service they render both to the litigant-public and to the courts, and to brighten their image in the society. Some members of the profession have been adopting perceptibly casual approach to the practice of the profession as is evident from their absence when the matters are called out, the filing of incomplete and inaccurate pleadings - many times even illegible and without personal check and verification, the non-payment of court fees and process fees, the failure to remove office objections, the failure to take steps to serve the parties, et al. They do not realise the seriousness of these acts and omissions. They not only amount to the contempt of the court but do positive dis-service to the litigants and create embarrassing situation in the court leading to avoidable unpleasantness and delay in the disposal of matters. This augurs ill for the health of our judicial system. 20. The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its honourable members. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by the its members by their exemplary conduct both in and outside the court. It is a noble calling and all those who belong to it are its honourable members. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by the its members by their exemplary conduct both in and outside the court. The legal profession is different from other professions in that what the lawyers do, affects not only an individual but the administration of justice which is the foundation of the civilised society. Both as a leading member of the intelligential of the society and as a responsible citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life. The society has a right to expect of him such ideal behaviour. It must not be forgotten that the legal profession has always been held in high esteem and its members have played an enviable role in public life. The regard for the legal and judicial systems in this country is in no small measure due to the tiredness role played by the stalwarts in the profession to strengthen them. They took their profession seriously and practised it with dignity, deference and devotion. If the profession is to survive, the judicial system has to be vitalised. No service will be too small in making the system efficient, effective and credible. The casualness and indifference with which some members practise the profession are certainly not calculated to achieve that purpose or to enhance the prestige either of the profession or of the institution they are serving. If people lose confidence in the profession on account of the deviant ways of some of its members, it is not only the profession which will suffer but also the administration of justice as a whole. The present trend unless checked is likely to lead to a stage when the system will be found wrecked from within before it is wrecked from outside. It is for the members of the profession to introspect and take the corrective steps in time and also spare the courts the unpleasant duty. We say no more. " 12. After the aforesaid order was passed, a prayer has been by Shri Sahab Tiwari, learned counsel for the petitioner to grant some time to file a better affidavit. 13. It is for the members of the profession to introspect and take the corrective steps in time and also spare the courts the unpleasant duty. We say no more. " 12. After the aforesaid order was passed, a prayer has been by Shri Sahab Tiwari, learned counsel for the petitioner to grant some time to file a better affidavit. 13. In the interest of justice, three weeks' time is granted to file a better affidavit. 14. List thereafter. 15. Copy of this order be communicated by the Registrar (Compliance) to the Secretary Urban Development Department, Government of U.P., Lucknow within 48 hours.