Padmabati Dasi vs Rasik Lal Dhar on 21 December, 1909
24. The petitioner has filed affidavits before Scrutiny Committee, copies of which
are produced along with petition. None of the affidavits were verified. As a matter of
fact, the affidavit is to be modelled on the provisions contained in O.19, r.w.37 of the
Code of Civil Procedure, 1908, (the Code), whether the Code applies in terms or not
and when the statement is not based on personal knowledge, the source of
information is required to be disclosed with adequate particulars. The importance of
setting out the sources of information in affidavits had come up for consideration
before the Apex Court in number of matters. One of the earliest decisions is State of
Bombay Vs. Purushottam Jog Naik 1952 SCR 674 wherein, the Apex Court endorsed
the decision of the Calcultta High Court in Padmabati Dasi Vs. Rasik Lal Dhar, ILR 37
Cal 259 and held that the sources of information should be clearly disclosed. The
affidavit requires the deponent to set out which statements are true to the knowledge
of the deponent and which of them are true to his information. In essence
verification is required to enable the Court to find out as to whether it will be safe to
act on such affidavit evidence. The importance of verification is to test the
genuineness and authenticity of the information furnished or allegations made and
also to hold the deponent responsible in the event falsity thereof is proved.