The court may at any time, either of its own motion or, on the application of any party, order that any fact may be proved by affidavit or that the affidavit of any witness may be read at the hearing, on such conditions as it thinks reasonable, unless either party bona fide desires to produce him for cross-examination, and such witness can be produced. [Section 30(c) and Order XIX, Rule 1],
Upon any application evidence may be given by affidavit, but the court may, at the instance of either party, order the attendance for cross-examination of the deponent, unless he is exempted from personal appearance in court. (Order XIX, Rule 2).
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ADVERTISEMENTS:
Matters to which affidavits shall be confined:
An affidavit must contain only facts known to the deponent or information which he believes to be correct. Rule 3 of Order XIX states that affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted, provided that the grounds thereof are stated.
Oath Commissioners:
Any court or magistrate, an officer or other person whom a High Court may appoint in this behalf, or any officer appointed by any other court empowered by the State Government may administer the oath to the deponent. (Section 139).