CRP 105/2010 BEFORE THE HON’BLE MR. JUSTICE MAIBAM B.K. SINGH This application under Article 227 of the Constitution of India has been filed praying for setting aside the order dated 03.03.2010 passed by th e learned Civil Judge, Jorhat in Money Suit No.22 of 2010 on the ground of the s ame having been passed in gross violation of the provisions of Oath Act, 1969 as well as the provisions of the Notaries Act, 1952 besides the violation of Secti on 139 of the Code of Civil Procedure, 1908. The learned Civil Judge, Jorhat d id not accept the written statement of the present petitioner, who was the defen dant No.2 in the suit, submitted along with the affidavit sworn before the Nota ry Public. The learned Civil Judge, Jorhat was of the view that in the light of the provisions of Rule 25 of the Civil Court Rules and Orders of the Gauhati Hig h Court, the said written statement should have been submitted along with the af fidavit sworn before the Sheristadar of the Court. I have heard Mr. P.N. Goswami, learned counsel appearing on beha lf of the petitioner. On perusal of the provisions of Section 139 of Code of Civil Pro cedure, 1908 as well as the relevant provisions of the Notary Act, 1952 and th e Oath Act, 1965, I am of the considered view that it was not legally permissi ble on the part of the learned Civil Judge, Jorhat not to accept the written sta tement of the present petitioner(the defendant No.2 in the suit) on the ground o f the same having not been accompanied with an affidavit sworn before the Sheri stadar of the Court. In this regard, I have perused the judgment in Sajjan Kumar -vs- C.L. Verma & Anr.: AIR 2006 Allahabad 36 cited by the learned counsel of the petitioner. The impugned order passed by the learned Civil Judge, Jorhat is not sust ainable in the eyes of law. There is no legal bar in accepting the written stat ement of the defendant No.2 (the present petitioner) submitted with an affidavi t sworn before the Notary Public. Rule 25 of the Civil Court Rules and Orders o f the Gauhati High Court nowhere states that only the affidavit sworn before t he Sheristadar of the Court should be filed to the Court. In the result, this revision petition is allowed. The impugned o rder dated 03.03. 2010 passed by the learned Civil Judge, Jorhat in Money Suit N o.22 of 2010 is hereby set aside. The learned Civil Judge, Jorhat is directed to accept the said written statement filed by the defendant No.2 (the present petitioner) along wi th the affidavit sworn before the Notary Public. The defendant No.2 (the presen t petitioner) is directed to submit the written statement along the said affida vit sworn before the Notary Public to the learned Civil Judge, Jorhat on the nex t date fixed for the proceeding of the said Money Suit No.22 of 2010 so that th e learned Civil Judge, Jorhat may proceed with the case in accordance with law. A copy of this order be sent to the learned Civil Judge, Jorhat for information . With this, this revision petition stands disposed of.