The Gujarat High Court on Thursday ordered an inquiry against a notary for having notarised two affidavits that did not contain a paragraph-wise oath of affirmation by the deponent..A Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi directed the Principal District Judge at Surat to launch an inquiry into the manner in which one such affidavit dated January 18 was notarised."Explanation be called from the said Notary as to how and in what manner the affidavit was notarised by her without there being any parawise oath on the part of the deponent," the Court said, while also granting the appellant's counsel liberty to file fresh affidavits. The Court ordered the Principal District Judge at Surat to submit his report by the next date of hearing in the matter. .The appellant's counsel, meanwhile, made repeated requests to reconsider the direction for an inquiry against the notary. He apologised for the error, adding that he is willing to unconditionally withdraw the appeal as well. "Lordship may not issue such directions, I will file a fresh affidavit...I will simply withdraw this Letters Patent Appeal...I am making a humble request with folded hands...This notary will have some difficulty," the lawyer urged.The Bench, however, was not persuaded. "You cannot ask this from us...Mr. Counsel, we have to sanitise our own system. We cannot run like this. If the person doesn't know as to how affirmation is to be done, then he is not fit to become a notary...Sorry Mr. counsel, we have already passed an order...We accept your apology but we cannot change our order," the Chief Justice said. She added that there was a larger concern involved."It is not about you, it's not about one case. It is about the system. We cannot run the system like this, and we cannot permit it to run like this," she said. .The case before the High Court was tied to a dispute over the execution of a sale deed in favour of the appellant. The appellant had died in 2023, while the appeal was pending.One of the affidavits that fell under the Court's scrutiny during yesterday's hearing had sought to substitute the legal heirs of the deceased appellant as the parties to the appeal. The second affidavit sought to clarify that the person referred to as Arunkumar Chhaganlal Popat (appellant) in a death certificate was the same person referred to as Arunbhai Chhaganlal Popat in the memo of appeal.The Court rejected both affidavits as being cryptic, since they did not contain a para-wise oath of affirmation (regarding the truthfulness of its contents) by the deponent. "Mr. Counsel, you filed an affidavit but you don't swear paragraphs? Swearing of paragraphs is done away (with in) this court? You are filing affidavit in a court of law. Affidavit needs para wise swearing. Who doing this, notary? How these affidavits are being notarised?...We are rejecting this affidavit...This is not acceptable. Every procedure is done away. Normally, generally, casually, we are filing affidavits. And the court should accept it?" Chief Justice Agarwal asked..After the appellant's lawyer apologised and sought liberty to file fresh affidavits, the Court added,"Why would you tender apology? We are asking you certain questions...These district court notaries, they don't know the procedure? We will pass an order on the administrative side that we are not going to accept affidavits sworn by notaries if this type of affidavits are coming in the High Court."The Chief Justice added that a para-wise oath is crucial in affidavits to ensure that the deponents are held accountable for any of the statements made in them."In case in future, we find that this person (deponent) has made a wrong statement in the court...we can initiate proceedings for perjury against him. That is the purpose of asking you to file an affidavit where each and every paragraph is affirmed, on oath," she explained..The matter will be heard next on February 11. .[Read Order]
