Sec. 30 (b) and (c) Order III rule 1 - Objection the person who has executed power of attorney is not alive - Court below directed the appearance of the said person. HC directed, instead of coming an affidavit of the said person sworn to and duly authenticated before the Officials in Charge of the High Commission/Embassy or Notary Public is sufficient. [Raman Nair vs Sreedevi Amma (J). 2001(1) KLJ 83 = 2001 (1) KLT.SN.55.P.50 . M.R.Hariharan Nair (J)]
Or. 19. Rule I -- The court
cannot compel a witness to file an affidavit to prove a particular fact -- The
decision on facts must be decided on evidence recorded --Only in exceptional
circumstances , for the purpose of clarifying certain statement given by a
witness in oral evidence, the court can require any fact to be proved by
affidavit. [Isa Athul Uloom Sangham & Ors Vs.
Odakkal Abdullakutty Musaliar 1999(1) KLT 128 = 1999(1) KLJ 225 (S.
Sankarasubban (J)].