ORDER VIII

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. The Supreme Court of Azad Jammu and Kashmir, in exercise of its rule making powers, and in consultation with the Azad Jammu and Kashmir Council, hereby makes the following Rules: PART‑I GENERAL ORDER VIII AFFIDAVITS 1 The Court may at any time, for sufficient reason, order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such condition as the Court thinks reasonable; Provided that no such order shall be passed where it appears to the Court that either party bona fide desires the production of a witness for cross examination and that such witness can be produced without unreasonable delay or expense. 2. Upon any application evidence may be given by affidavit, but the Court may, at the instance of other party, order the attendance for cross‑examination of the deponent in Court unless he is exempted from personal appearance or the Court otherwise directs. 3. Every affidavit shall be instituted in the cause, matter or appeal in which it is sworn. 4 Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs to be numbered consecutively, and shall state the description, occupation, if any, and the true place of abode of the deponent. 5. Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications on which statement of his belief may be admitted, provided that the grounds thereof are stated. 6. The costs occasioned by any unnecessary prolixity in the title to an affidavit or otherwise shall be disallowed by the Taxing Officer. 7. An affidavit requiring interpretation to the deponent shall be interpreted by an interpreter nominated or approved by the Court, and if made elsewhere shall be interpreted by a competent person who shall certify that he has correctly interpreted the affidavit to the deponent. 8. Affidavits for the purposes of any cause matter or appeal before the Court may be sworn before any authority mentioned in section 139 of the Code or before the Registrar or before a Commissioner generally or specially authorized in that behalf by the Chief Justice. 9 Where the deponent is pardha nashin lady, she shall be identified by a person to whom she is known and that person shall prove the identification by a separate affidavit. 10 Every exhibit annexed to an affidavit shall be marked with the title and number of the cause, matter or appeal and shall be initialed and dated by the authority before whom it is sworn. 11 No affidavit having any interlineation, alteration or erasure shall be filed in the Court unless the interlineation or alteration is initialed or unless in the case of an erasure, the words or figures written on the erasure are re‑written in the margin and initialled by authority before whom the affidavit is sworn. 12 The Registrar may refuse to receive an affidavit where in his opinion, the interlineations, alterations, or erasures are so numerous as to make it expedient that the affidavit should be re‑written. 13. Where special time is limited for filling affidavits, no affidavit filed after that time shall be used except by leave of the Court. 14 In this Order, "affidavit" includes a petition or other document required to be sworn, and "sworn", includes "affirmed".