Order 41 — Affidavits
Rule 1 Evidence upon Motion, etc by deposition to Affidavit.
Upon any Motion, Summons, or other application, evidence may be given by Affidavit, but the Court may, suo motu or on application, order the attendance for cross-examination of the deponent and where after such an Order has been made the person in question does not attend, the person’s Affidavit shall not be used as evidence save by special leave.
Rule 2 Title of Affidavit.
Every Affidavit shall bear the title in the cause or matter in which it is sworn but in every case in which there is more than one Claimant or Defendant, it shall be sufficient to state the full name of the first Claimant or Defendant respectively, as the case may be.
Rule 3 Use of defective Affidavit.
The Court may receive any Affidavit sworn for the purpose of being used in any cause or matter, notwithstanding any defect by mis-description of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a Memorandum to be made on the document that it has been so received.
Rule 4 Special time prescribed for filing Affidavit.
Where a special time is allowed for filing an Affidavit, no Affidavit filed after that time shall be used, unless by leave of the Court.
Rule 5 Usefulness of Affidavit deposed for ex parte.
Except by leave of Court no order made ex parte in Court founded on any Affidavit shall be of any force unless the Affidavit on which the application was based was made before the order was applied for, and produced or filed at the time of making the application.
Rule 6 Party to give Notice of intention to use Affidavit.
The party intending to use any Affidavit in support of any application made by the party shall give notice to the other parties concerned.
Rule 7 Alteration in Accounts to be properly initialled on affidavit.
Every alteration in any account verified by Affidavit shall be marked with the initials of the Commissioner before whom the Affidavit is sworn and such alteration shall not be made by erasure.
Rule 8 Exhibits.
Accounts, extracts from registers, particulars of creditors’ debt and other document referred to by Affidavit, shall not be annexed to the Affidavit or referred to as annexures, but shall be referred to as Exhibits.
Rule 9 Certificate of exhibit.
Every certificate on an exhibit referred to in an Affidavit signed by the Commissioner before whom the Affidavit is sworn shall be marked with the short title of the cause or matter.
Rule 10 Use of Affidavit in Chambers.
An affidavit which has been previously made and read in Court on any proceeding in a cause or matter may be used before a Judge in Chambers.
Rule 11 Application of Evidence Act, 2011.
The provisions of Sections 107 to 120 of the Evidence Act which set out the provisions governing Affidavit shall be applicable under these Rules.