Affidavits

• An affidavit is a statement or declaration in

writing made on oath or solemn affirmation
setting out certain facts and sworn or affirmed
before a person having the authority to
administer oath or affirmation.
• Usually the rules of court or the rules
governing the proceedings before the
authorities prescribe the form or content of
affidavits.
• Order XIX of the Code of Civil Procedure deals
with affidavits in Civil Courts.
• Rule 1 of this order empowers the court to
order that any particular fact or facts may be
proved by affidavit.
• Rule 3 sets out the matters to which affidavits
shall be confined.
• It reads: ‘Affidavits shall be confined to such
facts as the deponent is able of his knowledge
to prove-----’
• The Allahabad High Court has added Rules 4
to 15 to Order XIX which prescribe in detail
the form, the contents and the mode of
execution of affidavits.
 Oath
• Section 139 of the Code prescribes the authorities who
may administer oaths to the deponent of an affidavit.
• It provides: ‘In the case of any affidavit under this
Code-
a) any Court or Magistrate
aa) any notary appointed under the Notaries Act, 1952;or
b)any officer or other person whom a High Court may
appoint in this behalf.
c) Any officer appointed by any other Court which the
State Government has generally or specially
empowered in this regard
may administer the oath to the deponent.
 Contents of affidavits
• Affidavits usually contain four parts:
• i) Heading contains a description of the court
or authority before which and a description of
the case or proceedings in which the affidavit
is to be filed.
• ii) Averments contain the statement of facts
made on oath set out in serially numbered
paragraphs.
• iii) Verification contains a statement verifying
that the contents of certain (numbered)
paragraphs are true to the personal knowledge of
the deponents and the contents of other
paragraphs (enumerated) are true to information
received by the deponent from (sources) and
believed to be true.
• iv) Swearing or Affirmation contains an
endorsement by the court, notary public or Oath
commissioner to the effect that the deponent has
duly sworn or affirmed the contents of the
affidavit.
 Stamp Duty
• Affidavits are chargeable with stamp
duty under Article 4, Schedule I, Stamp
Act, 1899.

• But no stamp duty is charged on

affidavits filed or used in courts. Such
affidavits are liable to payment of court
fee prescribed for the various courts.
 Precedent
Affidavit in support of Application for
Restoration of Suit dismissed for Default

In the Court of_____________________

Miscellaneous Application No. _____ of 2011
(Under Order IX, Rule 9, C.P.C.)
Original Suit No. _____ of 2011
Shri L.M. ------------------------Plaintiff- Applicant
Versus
Shri S.T. ------------------ Defendant-Opposite Party

AFFIDAVIT of Shri A.B., son of Shri C.D., resident of

309, Matushree Apartments, Sector- 19,
Gandhinagar, Gujarat.

I, the above mentioned deponent, do solemnly

affirm and state as follows:
• 1) That I hold a Special Power of Attorney
from the Plaintiff for the purpose of
prosecuting the above mentioned suit before
this Hon’ble Court and am acquainted with
the facts deposed below.
• 2) That the suit was listed for final hearing on
third January 2011.
• 3) That unfortunately on the Morning of that
date the Plaintiff, who is an old infirm man of
eighty years, fell ill suddenly.
• 4) That the deponent had to fetch a doctor,
take the Plaintiff to hospital and get the
medicines for him.
• 5) That on account of this the deponent got
delayed and when he arrived before this
Hon’ble court the suit had been called out and
dismissed for default of non-appearance of
Plaintiff.
• 6) That the failure of the deponent to appear
before this Hon’ble court at the time when the
case was called out was not on account of any
negligence of the deponent but entirely due to
reasons beyond the control of the deponent.

• 7) That the plaintiff will suffer irreparable loss if

the dismissal is not set aside and the suit
restored.
 Verification
• I, the above named deponent, verify that the
contents of paragraphs 1 to 7 of this affidavit
are true to my personal knowledge.
____________
Sd. A.B.
Date ______________
• I, Shri EF, son of Shri GH, r/o ___________
declare, from a perusal of the papers
produced by the deponent before me, that I
am satisfied that he is Shri AB.
_______________
Sd. EF
Date ________________
• Solemnly affirmed before me on this ______
day of this ___________month of this year
___________ at ___________ (time) by the
deponent.

Sd. ___________
Oath Commissioner