Vidyadheesha has filed a suit for recovery of money against his debtor in a civil court. The Court has directed him to submit an affidavit-in-evidence to support his pleadings. However, Vidyadheesha is uncertain about th

Vidyadheesha must prepare an affidavit in evidence under Order XIX of Civil Procedure Code, 1908 (CPC). The following must be kept in mind while preparing the affidavit-in-evidence by the parties - The best evidence is that of a person who was personally involved in the whole transaction. In case, that person is not available for any reason, then any other person who has joined in his place to make deposition by way of his affidavit. In case, the petitioner himself was involved in the execution of a contract, he should file affidavit-in evidence. The allegations or charges or grounds relating to facts should be re-produced duly supported by documentary evidence. It may be noted that in the affidavit in evidence, the position of law or legal provisions or principle of law are not reproduced because the position of law or settled principles of law are not required to be proved by any party and they are deemed to exist and any party can argue and take help of those settled position of law while arguing their case before the Court or Tribunal or Forum and need to be proved by filing an evidence. (Section 3 of Bharatiya Sakshya Adhiniyam, 2023) In case, the point or issue pertains to engineering, medical, technology, science or other complex or difficult issues, then the evidence of expert is to be filed in the form of his Affidavit. If necessary, the said witness has to appear before the Forum for the purpose of cross-examination by the counsel for the other party. For example, hand-writing or finger print experts etc. Besides the leading evidence on the points raised by the petitioner or by the opposite party in his written statement/reply, if possible, the party who is filing the affidavit-in-evidence should also file documents, papers or books or registers to demolish the defence or case set up by the opposite party. It is also permissible for any party to bring any outside witness (other than the expert witness) in support of his case if the facts and circumstances of the case so warrant and permitted by the Court/ Tribunal. At the time of tendering affidavit-in-evidence, the party must bring along with it either the original of papers, documents, books, registers relied upon by it or bring with it the copy of the same.