1. Power to Order any point to be proved by affidavit.- Any 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 authorizing the evidence of such witness to be given by affidavit.
STATE AMENDMENTS
Uttar Pradesh.- In Order XIX, in Rule 1, for the existing proviso, the following proviso shall be substituted, namely: “Provided that if it appears to the Court, whether at the instance of either party or otherwise and whether before or after the filing of such affidavit, that the production of such witness for cross-examination is necessary and his attendance can be procured, the Court shall order the attendance of such witness, whereupon the witness may be examined, cross-examined and re-examined.” UP. Act 57 of 1976, Section 9(1.1.1977). Rule I-A Madhya Pradesh.- In Order XIX of the First Schedule to the principal Act, after Rule 1, the following rule shall be inserted, namely:— “1-A. Proof of fact by affidavit in certain cases.— Notwithstanding anything to the contrary in Rule 1, the
court shall, in suit or proceeding referred to in rule 3-B of Order I and whether or not any proceeding under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 are pending before the competent authority appointed under that Act, call upon the parties to prove any particular facts as it may direct, by affidavit, unless the Court looking to the nature and complexity of the suit or proceeding and for reasons to be recorded in writing deems it just and expedient to despense with the proof of a fact or facts by affidavits.” M.P. Act 29 of 1984, Section 7. (14.8.1984).
HIGH COURT AMENDMENTS
Rule I-A Allahabad.- After Rule 1 the following Rule 1-A shall be inserted:— “1 -A. Power to permit ex parte evidence on affidavit.— Where the case proceeds ex pane, the Court may permit the evidence of the plaintiff to be given on affidavit.” (Vide Noti. No. 121/IV-h-36 D, dated Feb. 10, 1981 w.e.f. Oct 3, 1981.)
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