1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.9472 OF 2009 Jaywant Subhash Chavan ...Petitioner vs. 1 Miss Chandrakala Govind Potole 2 Shivaji Anandrao Jadhav ...Respondents Shri D.S.Shejal h/f Mr.S.D.Dharmadhikari for the petitioner CORAM :A.S.OKA,J. DATE : JANUARY 7, 2010 P.C. 1 Heard the learned counsel for the petitioner. The petitioner is the original 1 st defendant in a suit filed by the 1 st respondent. The 1 st respondent filed an affidavit in lieu of examination-in-chief under Rule 4 of Order XVIII of the Code of Civil Procedure,1908. The said affidavit was affirmed before a Notary Public. An application was made by the petitioner raising an objection to the said affidavit on the ground that the affidavit as contemplated by Rule 4 of Order XVIII of the said Code cannot be affirmed before a Notary Public. 2 The submission of the learned counsel for the petitioner is that a Notary is not a authorised to administer oath in accordance with Oaths Act and therefore, the trial Court ought to have upheld the 2 objection raised by the petitioner. 3 I have considered the submissions. The trial Court has rightly rejected the objection raised by the petitioner. Section 139 of the said Code provides that in case of any affidavit required to be filed under the said Code, the oath can be administered by various Officers mentioned in the said section. Clause (aa) of section 139 of the said Code specifically authorise any Notary appointed under the Notaries Act,1952 to administer oath on affidavit. 4 In the circumstances, no fault can be found with the impugned order. Writ Petition is rejected. JUDGE