- A Plaint in a civil suit contains facts which should be proved by an affidavit.
- An affidavit is a written statement or declaration made on oath by its maker, known as the deponent.
- The deponent’s signature must be attested by authorized authorities.
- An advocate, other than the one representing the maker of the affidavit, is competent to attest the affidavit.
- An advocate representing a party in the suit shall not attest the signature of the deponent.
- Order XIX of the CPC contains provisions relating to affidavits.
- As a general practice, an affidavit is filed at the time of filing a suit along with the Plaint.
- The contents of the affidavit are usually similar to those in the Plaint.
- The language used in the affidavit must be in the first person grammatically.
Sample Draft
IN THE COURT OF THE HON’BLE PRINCIPAL JUNIOR CIVIL JUDGE
AT MEDCHAL
Os.No: 201 of 2021
Between:
K. Kishore Kumar …..Plaintiff / Petitioner
AND
Rajesh Saini …..Defendant
AFFIDAVIT BY PETITIONER / PLAINTIFF
I, K. Kishore Kumar, S/o K. Suresh Kumar, aged about 40 years, occupation: private employee,
R/o Husnabad Village and Mandal of [district], do hereby solemnly affirm and state on oath as under:
1) That I am the petitioner/plaintiff herein, and as such, I am aware of the facts of the suit.
2) I submit that the petitioner (plaintiff) has filed a suit for recovery of possession and a mandatory injunction restraining the defendant from further construction over the suit schedule property against the defendant.
3) I submit that what is stated in the Plaint is true and correct to the best of my knowledge and belief, and the documents which were filed by me are genuine. Hence, the Hon’ble Court may be pleased to mark the said documents as exhibits in my favor.
Hence, this affidavit.
Date: 21-06-2021
Deponent
Solemnly affirmed and stated on oath that what is stated above is true and correct to the best of my knowledge and belief. Hence, verified on this 21st day of June, 2021 at Husnabad.
Identified by | Attested by
Ch. Mahindra
Sd/-
Advocate
