Affidavit

Evidence on oath, in writing — and the document most often spoiled by argument.

Order XIX, Code of Civil Procedure, 1908; Section 139 CPC

Affidavits are confined to facts the deponent can prove of his own knowledge, and must be sworn before a person authorised to administer the oath.

It must contain

01Facts the deponent can prove of his own knowledge — Order XIX Rule 3.
02For anything on information and belief: the source of the information, stated.
03An oath or affirmation before a person authorised under Section 139 CPC.
04Numbered paragraphs, each confined to one matter, and a verification clause identifying which are true to knowledge and which to belief.
05The deponent's full description, so it is clear who is swearing.

Where it fails

Argument and submission in the body. An affidavit carrying argument is neither an affidavit under Order XIX Rule 3 nor a valid affidavit in lieu of examination-in-chief under Order XVIII Rule 4.
Belief without a source, which leaves the statement with nothing behind it.
A verification that does not distinguish knowledge from belief, so the whole document is only as good as its weakest paragraph.

Read beside it

Reading…