Sections 139 and 140 of the Code of Civil Procedure, 1908
Section 139 identifies the authorities who may administer an oath to a deponent for an affidavit under the CPC. Section 140 deals with assessors in admiralty or vice-admiralty causes involving salvage, towage or collision.
Section 139 CPC - Oath on affidavit by whom to be administered
In the case of any affidavit under this Code -
(a) any Court or Magistrate, or
(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or
(b) any officer or other person whom a High Court may appoint in this behalf, or
(c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf,
may administer the oath to the deponent.
What Section 139 CPC means
Section 139 specifies who is legally competent to administer the oath for an affidavit made under the Code. The provision expressly includes a Court or Magistrate, a notary appointed under the Notaries Act, 1952, persons appointed by a High Court, and officers appointed by an empowered court.
Uttar Pradesh State Amendment to Section 139
For Uttar Pradesh, clauses (b) and (c) of Section 139 are substituted as follows:
"(b) any person appointed in this behalf by a High Court or by a District Court; or
(c) any person appointed in this behalf by such other Court as the State Government may, by general or special order, empower in this behalf".
Source: Uttar Pradesh Act 11 of 1981, section 2.
Section 140 CPC - Assessors in causes of salvage, etc.
(1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly.
(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.
What Section 140 CPC means
Section 140 applies to admiralty or vice-admiralty matters involving salvage, towage or collision. The court may call two competent assessors to assist it and must do so when either party requests their assistance. The court also determines, or follows prescribed rules regarding, the fees payable to those assessors.