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When nature and source of information is not divulged,affida

 

When nature and source of information is not divulged,affidavit is not in accordance with law

 
 The affidavit filed by a partner of one of the petitioners does not fulfil the requirements of Order XIX rule 3 of the Code of Civil Procedure under which it is incumbent upon the deponent to disclose the nature and source of his knowledge with sufficient particularity. The allegations in the writ petition are not sufficient to constitute an averment of mala fide so as to vitiate the orders of suspension. The burden of establishing mala fides lies very heavily on the person who alleges it.

Supreme Court of India
Sukhvinder Pal Bipan Kumar vs State Of Punjab & Ors on 2 December, 1981
Equivalent citations: 1982 AIR 65, 1982 SCR (2) 31


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