All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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58.

In every plaint, under section 26 of CPC, facts should be proved by :

A: Oral evidence
B: Affidavit
C: Document
D: Oral evidence as well as document

The answer is: B

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Explanation

The correct option is B: Affidavit.

 According to Section 26 of the Code of Civil Procedure, 1908, every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. In every plaint, facts shall be proved by affidavit. An affidavit is a written statement of facts that is sworn or affirmed to be true by the person making it before a person who has authority to administer an oath or affirmation.

An affidavit is a mode of proving facts in a civil suit and it has the same effect as oral evidence.