The Exhibit-4 Affidavit sworn by Babulal was brought on record to show that “Babulal Bawri @ Babulal Ali @ Mafij Ali, son of Late Amar Singh Bawri” is one and the same person and that he has five issues namely (i) Noor Islam @ Malan Ali, (ii) Rasid Ali @ Jaydul Hakiul, (iii) Tazir Islam, (iv) Nayan Begum, and (v) Junimoni Begum. In so far as this Exhibit-4 document is concerned, we would hold that it is a settled legal proposition that an affidavit is not “evidence” within the meaning of Section 3 of the Evidence Act, 1872. Affidavits are, therefore, not included within the purview of the definition of “evidence” as has been given in Section 3 of the Evidence Act, and the same can be used as “evidence” only if, for sufficient reasons, the court passes an order under Order 19 of the Code of Civil Procedure, 1908. Thus, the filing of an affidavit of one’s own statement, in one’s own favour, cannot be regarded as sufficient evidence for any court or tribunal, on the basis of which it can come to a conclusion as regards a particular fact situation.
