Gujarat High Court Directs Inquiry Over Affidavits Notarised Without Parawise Oath Of Deponent

The Gujarat High Court on Thursday (January 23) directed the Principal District Judge, Surat to inquire into the notarisation of two affidavits–filed to bring on record the heirs of an individual on record–and to ask the notary to explain the manner in which the affidavits were notarised in the absence of para-wise oath of the deponent. 

A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi observed in the order, “We issue direction to the Principal District Judge, Surat to take note of the aforesaid fact and make an inquiry as to the manner in which the affidavit dated 18.01.2025 has been notarised by the advocate Notary named as Jagruti I. Yadav having registration No. NTR/4590/07 and explanation be called from the said Notary as to how and in what manner the affidavit was notarised by her without there being any parawise oath on the part of the deponent”. 

The court noted that the two affidavits filed in the Civil Application (in a pending appeal) listed before the court, were to bring on record the legal heirs of the applicant and were notarized by an advocate Notary at Surat “without there being a proper oath of parawise statement made in the said affidavit.” The bench rejected both the affidavits “being cryptic in nature.”

The Court then directed the copies of the both the affidavits to be supplied to Principal Judge to make an inquiry and report on the next date. Further, the court directed the order to be circulated to all the Principal Judges of the Court in the State and concerned Notaries of the district and the office of the District Collector.

The Court then on the request of the Counsel for the applicant granted liberty to file fresh affidavits and adjourned the matter to February 11.

Case Title: Arunbhai Chhaganlal Popat & Anr. vs Bhavin Bharatbhai Patel & Ors.

Case Citation: 2025 LiveLaw (Guj) 14

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