The Kerala High Court has set aside a trial court order permitting production of additional documents after the affidavit supporting the application had been sworn by the plaintiff’s lawyer instead of the plaintiff.
Justice Easwaran S. delivered the judgment on September 10, 2026, in O.P.(C) No. 1043 of 2026. The Court examined whether a lawyer could swear an affidavit on behalf of a plaintiff when the facts stated in it were not within the lawyer’s personal knowledge.
Background
The dispute arose in a partition suit before the Munsiff Court, Chittur. After the defendants raised a claim based on a particular defence and began producing evidence, the plaintiff’s counsel submitted certain documents on behalf of the plaintiff.
The application seeking production of the documents was accompanied by an affidavit sworn by the lawyer himself. The trial court allowed the application, observing that the relevance and admissibility of the documents could be considered at the appropriate stage.
The defendants challenged that order before the High Court.
The High Court held that a plaintiff can produce additional documents if the requirements under the applicable rules are satisfied. However, the Court questioned the authority of a lawyer to swear an affidavit containing facts that were outside the lawyer’s personal knowledge.
"Such an affidavit is certainly beyond the authority conferred upon the learned counsel concerned under the provisions of the Advocates Act."
The Court also referred to its earlier decision in Abdul Kareem v. State of Kerala, where it held that an affidavit sworn by counsel can be accepted when the facts stated are within the lawyer’s personal knowledge, such as in an application for condonation of delay.
Finding that the statements in the present affidavit were beyond the counsel’s personal knowledge, the High Court held that the trial court had erred in accepting it.
The Court set aside the impugned order and dismissed I.A. Nos. 4 and 6 of 2026. It granted the plaintiffs liberty to file a fresh application for production of the documents, supported by an affidavit sworn by the plaintiffs themselves.
Case Details:
Case Title: Balan & Another v. Parameswaran & Others
Case Number: O.P.(C) No. 1043 of 2026
Judge: Justice Easwaran S.
Decision Date: September 10, 2026
