Supreme Court Rules 2013 - Order IX | Order 9

Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order IX

Affidavits

1. The 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, on such conditions as the Court thinks reasonable:

Provided that where it appears to the Court 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 authorising the evidence of such witness to be given by affidavit.

2. Upon any application evidence may be given by affidavit; but the Court may, at the instance of either party, order the attendance for cross-examination of the deponent, and such attendance shall be in Court, unless the deponent is exempted from personal appearance in Court or the Court otherwise directs.

3. Every affidavit shall be filed in the cause, appeal or matter for which it is sworn.

4. Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs to be numbered consecutively, and shall state the description, occupation, if any, and the true place of abode of the deponent.

5. 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, provided that the grounds thereof are stated.

6. An affidavit requiring interpretation to the deponent shall be interpreted by an interpreter nominated or approved by the Court, if made within the State of Delhi, and if made elsewhere, shall be interpreted by a competent person who shall certify that he has correctly interpreted the affidavit to the deponent.

7. Affidavits for the purposes of any cause, appeal or matter before the Court may be sworn before a Notary or any authority mentioned in section 139 of the Code or before a Registrar of this Court duly authorised in this behalf by the Chief Justice, or before an Oath Commissioner generally or specially authorised in that behalf by the Chief Justice.

8. Where the deponent is a pardahnashin lady, she shall affirm or take oath before a lady Registrar of this Court which shall include an Additional Registrar, duly authorised by the Chief Justice, or before a lady Oath Commissioner, and shall also be identified by a person to whom she is known and that person shall prove the identification by a separate affidavit.

9. Every exhibit annexed to an affidavit shall be marked with the title and number of the cause, appeal or matter and shall be initialled and dated by the authority before whom it is sworn.

10. No affidavit having any interlineation, alteration or erasure shall be filed in Court unless the interlineation or alteration is initialled, or unless in the case of an erasure the words or figures written on the erasure are rewritten in the margin and initialled, by the authority before whom the affidavit is sworn.

11. The Registrar may refuse to receive an affidavit where in his opinion the interlineations, alterations, or erasures are so numerous as to make it expedient that the affidavit should be rewritten.

12. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used except by leave of the Court.

13. In this Order, 'affidavit' includes a petition or other document required to be sworn or verified; and 'sworn' includes affirmed. In the verification of petitions, pleadings or other proceedings, statements based on personal knowledge shall be distinguished from statements based on information and belief. In the case of statements based on information, the deponent shall disclose the source of his information, including official records.

Supreme Court Rules 1966: 

ORDER IX

PROCEEDINGS BY OR AGAINST MINORS OR PERSONS OF

UNSOUND MIND

1. Every appeal, petition or other proceeding by a minor shall be instituted or

continued in his name by his next friend.

2. A next friend shall not retire without the leave of the Court. The Court may

require him to procure a fit person to be put in his place before he is permitted to

retire, and may also, if it thinks fit, require him to furnish security for costs already

incurred as a condition of his retirement.

3. (1) On the retirement, removal or death of the next friend of a minor, further

proceedings shall be stayed until the appointment of a new next friend in his place.

(2) Where the advocate on record of such minor omits, within a reasonable

time, to take steps to get a new next friend appointed, any person interested in the

minor or in the matter in issue may apply to the Court for the appointment of one,

and the Court may appoint such person as it thinks fit as the next friend of such

minor.

4. An application for the appointment of new next friend of a minor shall be

supported by an affidavit showing that the person proposed is a fit and proper person

to be so appointed and has no interest adverse to that of the minor.

5. Where a respondent to an appeal or petition is a minor and is not

represented by a guardian, an application shall be made to the Court by the appellant

or petitioner as the case may be, or by some person interested in the minor for the

appointment of a guardian of such minor; and it shall be supported by an affidavit

stating that the proposed guardian has no interest in the matter in question in the

appeal or petition adverse to that of the minor. Where a person other than the father

or other natural guardian of the minor is proposed as guardian, notice of the

application shall be served on the father or other natural guardian of the minor, or

on the person with whom the minor resides, not less than fourteen days before the

day named in the notice for the hearing of the application. Where there is no other

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person fit and willing to act as guardian, the Court may appoint an officer of the

Court to be guardian.

6. (1) No guardian of a minor shall retire from a suit, appeal or other

proceeding without the leave of Court. Where a guardian of a minor fails to do his

duty or other sufficient cause is shown for his removal, the Court may remove him

from the guardianship of the minor and make such order as to costs as it thinks fit.

(2) Where the guardian of a minor retires, dies or is removed by the Court

during the pendency of the suit, appeal or other proceeding, the Court shall appoint

a new guardian in his place.

7. When a guardian ad-litem of a minor respondent is appointed, and it is made

to appear to the Court that the guardian is not in possession of any, or sufficient

funds for the conduct of the appeal or petition on behalf of the respondent, and

that the respondent will be prejudiced in his defence thereby, the Court may, in its

discretion, from time to time, order the appellant or petitioner, as the case may be,

to advance to the guardian of the minor for the purpose of his defence such moneys

as the Court may fix, and all moneys so advanced shall form part of the costs of

the appellant or petitioner in the appeal or petition, as the case may be. The order

shall direct that the guardian do file in Court an account of the moneys so received

by him.

8. An application to declare as a major a party to a proceeding described as

a minor and to discharge his next friend or guardian shall be supported by an affidavit

stating the age of the alleged major and the date on which he attained majority.

Notice of the application shall be given to the next friend or guardian and to the

alleged major.

9. No next friend or guardian of a minor in an appeal or other proceeding,

shall without the leave of the Court, expressly recorded in the proceedings, enter

into any agreement or compromise on behalf of a minor with reference to the appeal

or proceeding in which he acts as next friend or guardian.

10. An application made to the Court for leave to enter into an agreement

or compromise or for the withdrawal of any appeal or other proceedings in pursuance

of a compromise on behalf of a minor, shall be supported by an affidavit from the

next friend or guardian of the minor stating that the agreement or compromise is

for the benefit of the minor, and, where the minor is represented by an Advocate,

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by a certificate or by a statement at the bar from such advocate to the effect that

the agreement or compromise is, in his opinion, for the benefit of the minor. A

decree or order made in pursuance of the compromise of an appeal or other

proceeding, to which a minor is a party, shall recite the sanction of the Court

thereto and shall set out the terms of the compromise.

11. The provisions of this order, so far as they are applicable, shall apply to

persons adjudged to be on unsound mind and to persons who, though not so

adjudged, are found by the Court of inquiry, by reason of unsoundness of mind

or mental infirmity, to be incapable of protecting their interests when suing or being

sued.

12. Save as aforesaid, the provisions of Order XXXII of the Code relating

to suits so far as applicable, shall apply mutatis mutandis to appeals and other

proceedings in the Court.