Order 19 MCQ Quiz - Objective Question with Answer for Order 19 - Download Free PDF

The correct answer is Order 19

Key Points

• Order 19 of the Civil Procedure Code, 1908 deals specifically with affidavits.
• It provides the rules regarding when and how affidavits may be used as evidence in civil proceedings.
• Courts may allow evidence to be given via affidavits instead of oral testimony to save time and expedite proceedings.
• It also empowers the court to order a person to appear for cross-examination on the contents of the affidavit, if needed.

Additional Information

• Option 1. Order 17 – Deals with adjournments and granting time for hearing or procedural steps, not affidavits.
• Option 3. Order 26 – Pertains to commissions for taking evidence, local investigations, etc., not affidavits
• Option 4, Order 39 – Deals with temporary injunctions and interlocutory orders, though affidavits may be used here, the core provision is not about affidavits.

The correct option is Order 19.

Key Points

• Order 19 of the Civil Procedure Code provides for the term 'Affidavit'.
• An affidavit is a declaration of facts, made in writing and sworn before a person having the authority to administer an oath.
• Every affidavit should be drawn up in the first person and should contain only facts and not inferences.
• Essentials of an affidavit:- 
  1. It must be a declaration made by a person. 
  2. It must relate to facts. 
  3. It must be in writing. 
  4. It must be in the first person. 
  5. It must have been sworn or affirmed before a Magistrate or any other authorised officer.
• Contents of affidavit:-
  • An affidavit should be confined to such facts as the deponent can prove to his knowledge.
  • Rule 3(1) of Order 19, however, allows the deponent to state such facts in interlocutory applications which are based on belief.

Additional Information

• False Affidavit:- Swearing of a false affidavit is an offence of perjury punishable under the Indian Penal Code. It is a grave matter and a lenient view is not warranted.

The correct option is Order 19.

Key Points

• Order 19 of the Civil Procedure Code provides for the term 'Affidavit'.
• An affidavit is a declaration of facts, made in writing and sworn before a person having the authority to administer an oath.
• Every affidavit should be drawn up in the first person and should contain only facts and not inferences.
• Essentials of an affidavit:- 
  1. It must be a declaration made by a person. 
  2. It must relate to facts. 
  3. It must be in writing. 
  4. It must be in the first person. 
  5. It must have been sworn or affirmed before a Magistrate or any other authorised officer.
• Contents of affidavit:-
  • An affidavit should be confined to such facts as the deponent can prove to his knowledge.
  • Rule 3(1) of Order 19, however, allows the deponent to state such facts in interlocutory applications which are based on belief.

Additional Information

• False Affidavit:- Swearing of a false affidavit is an offence of perjury punishable under the Indian Penal Code. It is a grave matter and a lenient view is not warranted.

The correct option is Order 19.

Key Points

• Order 19 of the Civil Procedure Code provides for the term 'Affidavit'.
• An affidavit is a declaration of facts, made in writing and sworn before a person having the authority to administer an oath.
• Every affidavit should be drawn up in the first person and should contain only facts and not inferences.
• Essentials of an affidavit:- 
  1. It must be a declaration made by a person. 
  2. It must relate to facts. 
  3. It must be in writing. 
  4. It must be in the first person. 
  5. It must have been sworn or affirmed before a Magistrate or any other authorised officer.
• Contents of affidavit:-
  • An affidavit should be confined to such facts as the deponent can prove to his knowledge.
  • Rule 3(1) of Order 19, however, allows the deponent to state such facts in interlocutory applications which are based on belief.

Additional Information

• False Affidavit:- Swearing of a false affidavit is an offence of perjury punishable under the Indian Penal Code. It is a grave matter and a lenient view is not warranted.

The correct answer is Order 19

Key Points

• Order 19 of the Code of Civil Procedure, 1908 deals with “Affidavits.”
• It contains provisions regarding:
  • When affidavits may be used as evidence.
  • Power of the court to order that a matter be proved by affidavit.
  • The right of the opposite party to cross-examine a witness who gives evidence through affidavit.
• The objective is to simplify and speed up procedures, especially in interlocutory matters

Additional Information

• Order 17: Deals with adjournments and postponement of hearings, not affidavits.
• Order 26: Relates to Commissions (e.g., for examination of witnesses), not directly to affidavits.
• Order 39: Deals with Temporary Injunctions and Interlocutory Orders, not the procedure for affidavits

The correct answer is Order 19

Key Points

• Order 19 of the Civil Procedure Code, 1908 deals specifically with affidavits.
• It provides the rules regarding when and how affidavits may be used as evidence in civil proceedings.
• Courts may allow evidence to be given via affidavits instead of oral testimony to save time and expedite proceedings.
• It also empowers the court to order a person to appear for cross-examination on the contents of the affidavit, if needed.

Additional Information

• Option 1. Order 17 – Deals with adjournments and granting time for hearing or procedural steps, not affidavits.
• Option 3. Order 26 – Pertains to commissions for taking evidence, local investigations, etc., not affidavits
• Option 4, Order 39 – Deals with temporary injunctions and interlocutory orders, though affidavits may be used here, the core provision is not about affidavits.