Supreme Court of India

Smt Sudha Devi v M P Narayanan

decided 1988-04-26 (reporter citation not confirmed)19881 min read
The case in brief30-second read
Facts
An ex parte decree was passed on the basis of affidavits filed by the plaintiff.
Issue
Whether affidavits are evidence on which an ex parte decree can be passed.
Held
Affidavits are not evidence under S.3 of the Evidence Act unless the court orders proof by affidavit under O.XIX R.1 or 2 CPC. Even an ex parte decree needs proper evidence. The suit was remanded for retrial.
Principle
An ex parte decree must rest on legal evidence; affidavits are evidence only when the court so orders.
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Facts

  • An ex parte decree was passed on the basis of affidavits filed by the plaintiff.

Issue

  1. Whether affidavits are evidence on which an ex parte decree can be passed.

Held

  • Affidavits are not evidence under S.3 of the Evidence Act unless the court orders proof by affidavit under O.XIX R.1 or 2 CPC. Even an ex parte decree needs proper evidence. The suit was remanded for retrial.

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Citation

Smt Sudha Devi v M P Narayanan decided 1988-04-26 (reporter citation not confirmed)

Reported: https://indiankanoon.org/doc/70092/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.