1194
No. 3 of 1901.
Use of defective affidavit.
CODE OF CIVIL PROCEDURE,
334. The court may receive any affidavit sworn for the purpose of being used in any cause, notwithstanding any defect by misdescription 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.
O. 38, r. 14.
Exclusion of affidavit sworn before party, etc. H. K. Code, s. 56 (10).
Re-swearing of defective affidavit. H. K. Code, s. 56 (11).
Filing and use of original affidavit. H. K. Code, s. 56 (12).
Receiving evidence by affidavit. H. K. Code, s. 54 (2),
Power to admit affidavit of person not cross-examined. H. K. Code, s. 55 (3).
Order of court for admission of affidavit. H. K. Code, s. 55 (4).
335. An affidavit shall not be admitted by the court which is proved to have been sworn before the person on whose behalf the same is offered, or before his solicitor, or before a partner or clerk of his solicitor.
336. A defective or erroneous affidavit may be amended and re-sworn, by leave of the court, on such terms as to time, costs, or otherwise as may seem reasonable.
337. Before an affidavit is used the original must be filed in the Registry; and the original, or an office copy thereof, shall alone be recognised for any purpose in the court.
Evidence at trial.
338. The court may, in its discretion, allow the evidence in any cause, or as to any particular matter in a cause, to be taken by affidavit or that affidavits of any witnesses be read at the trial: Provided that every witness making an affidavit so received shall be liable to cross-examination in open court, unless the court directs the cross-examination to take place in any other manner.
339. The court may, in its discretion, if the interests of justice appear absolutely so to require, admit an affidavit in evidence although it is shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person who has made the affidavit.
340. No affidavit of any witness shall be read at the trial under the provisions hereinbefore contained, except in pursuance of an order of the court obtained on summons before trial, unless the court thinks fit in the circumstances otherwise to direct, on such terms as may seem just.
1194
No. 3 of 1901.
Use of defec- tive affidavit.
CODE OF CIVIL PROCEDURE,
334. The court may receive any affidavit sworn for the 0. 38, r. 14. purpose of being used in any cause, notwithstanding any defect by misdescription 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.
Exclusion of affidavit
sworn before party, etc. H. K. Code, s. 56 (10).
Re-swearing of defective affidavit.
H. K. Code, s. 56 (11).
Filing and use of
original allidavit.
H. K. Code, s. 56 (12).
Receiving
evidence by H. K. Code,
affidavit.
s. 54 (2),
Power to admit affidavit
of person not
cross-
examined.
H. K. Code,
s. 55 (3).
Order of
court for
admission of affidavit.
H. K. Code, s. 55 (4).
335. An affidavit shall not be admitted by the court which is proved to have been sworn before the person on whose behalf the same is offered, or before his solicitor, or before a partner or clerk of his solicitor.
336. A defective or erroneous affidavit may be amended and re-sworn, by leave of the court, on such terms as to time, costs, or otherwise as may seem reasonable.
337. Before an affidavit is used the original must be filed in the Registry; and the original, or an office copy thereof, shall alone be recognised for any purpose in the court.
Evidence at trial.
338. The court may, in its discretion, allow the evidence in any cause, or as to any particular matter in a cause, to be taken by affidavit or that affidavits of any witnesses be read at the trial: Provided that every witness making an affidavit so received shall be liable to cross-examination in open court, unless the court directs the cross-examination to take place in any other manner.
339. The court may, in its discretion, if the interests of justice appear absolutely so to require, admit an affidavit in evidence although it is shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person who has made the affidavit.
340. No affidavit of any witness shall be read at the trial under the provisions hereinbefore contained, except in pursu- ance of an order of the court obtained on summons before trial, unless the court thinks fit in the circumstances otherwise to direct, on such terms as may seem just.
No comments yet.
Private notes are available after approval.