Civil Manual 458 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

(1) Judicial Officers should, as far as possible, avoid attesting documents because if they do so, they are liable to be summoned as witnesses to prove them in a Court of Justice.

(2) Where an affidavit is sworn or a statement on solemn affirmation is made before a Judge or a Magistrate or where a document is attested before such Officer, a fee of Re. 1 should be taken in Court-fee stamps, which should be affixed to the affidavit or the document, as the case may be, and obliterated.

(3) The Officers empowered under paragraph 452 to take affidavits on statements on solemn affirmation or any Officer of a Court duly appointed in this behalf by the District Judge, may charge a fee of 50 naye Paise, except in the case of affidavits, which are made for immediate use in the Court, in which the Officer is employed. Half of the fee so charged shall be paid to the Officer before whom the affidavit is affirmed. The other half shall be taken in the form of Court-fee stamps, which should be affixed to the document and obliterated.

(4) The attestation of documents should ordinarily be done in the Court. In special cases, the Court Officers may, with the previous written permission of their superior Officers, attend private houses for the purpose of attesting documents, but they should do so entirely out of office hours. The Court Officers attending at private houses would be entitled to receive an extra fee of Rs. 5, when the private house is situated within a distance of 5 miles from the Court, and Rs. 10 when it is beyond that distance, for each such attendance.

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