Scribd
Upload
14 views5 pages

Affidavit 1731940989

An affidavit is a sworn written statement made before an authorized authority, affirming the truth of its contents. In India, affidavits are governed by the Code of Civil Procedure, 1908, specifically Section 139 and Order XIX, which outline the requirements and validation processes. The document also details the drafting process and provides sample affidavits for specific situations such as name changes.

Uploaded by

Anjali Shreenarayan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
14 views5 pages

Affidavit 1731940989

An affidavit is a sworn written statement made before an authorized authority, affirming the truth of its contents. In India, affidavits are governed by the Code of Civil Procedure, 1908, specifically Section 139 and Order XIX, which outline the requirements and validation processes. The document also details the drafting process and provides sample affidavits for specific situations such as name changes.

Uploaded by

Anjali Shreenarayan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 5

Affidavit-

WHAT IS AN AFFIDAVIT?
Merriam Webster defines an "affidavit" as a sworn statement delivered in
writing before an authorized authority or magistrate, usually under oath or
affirmation.
An affidavit is a written promise, and based on its Latin origins, it is connected
to another kind of English promise. The Latin term affidavit, which means "he
or she has made a commitment," is derived from the verb affidare, which means
"to pledge," in the past tense. To put it another way, an affidavit is defined as "a
written declaration signed by a person who implements, swears, verifies, and
affirms under oath." Furthermore, this person affirms that the contents of the
declaration are factual and truthful and that nothing has been left out or
misrepresented. He also confirms the accuracy of the material.
An uncontested, legally-binding statement of a person's oath is called an
affidavit. Since they provide a written account of the incident's facts, affidavits
are an essential part of court processes since they help judges make decisions.
They are also helpful for maintaining documentation.

PROVISIONS-
In India, the provisions of the Code of Civil Procedure, 1908, on the subject of
affidavits, are contained in Section 139 and Order XIX of the Code.

ESSENTIAL FETURES OF AN AFFIDAVIT ARE AS FOLLOWS-

1 A written affidavit is required.


2 The deponent must make a statement.
3 An affidavit's facts must be accurate to the best of the deponent's
knowledge.
4 It must be sworn in under oath before an authorized authority or
magistrate in order for it to be valid.
5 Never make an affidavit on someone else's behalf.
CONTENT IN THE AFFIDAVIT
 Affidavits should only contain information that the deponent personally
knows and can verify.
 According to Rule 3(1) of Order XIX of the CPC, affidavits must only
contain information that the deponent can independently verify, with the
exception of interlocutory petitions, in which case assertions of belief
may be permitted as long as the reasons for the belief are given.
 According to Rule 3(2) of Order XIX of the CPC, the party filing the
affidavit is responsible for covering the expenses of any papers that are
copied or taken out of context, or that needlessly include hearsay or
argumentative material, unless the court orders differently.

VALIDATION OF DECLARATION
Affidavits need to be confirmed.
 Testing the veracity and authenticity of the deponent's claims and
allegations is crucial for ensuring their legitimacy.
State of Affidavit
 Filing affidavits on behalf of the State requires accountability.
A government spokesman should not accept contradictory affidavits
submitted by the same officer, since they demonstrate a complete lack of
respect for truthfulness.

POSSESSION OF AFFIDAVITS TO PROVE


The authority to require affidavits to establish any point is outlined in Rule 1 of
CPC Order XIX.
It says that any court, given adequate cause, may, at any time, direct that a
witness's affidavit be read during the hearing or that any specific truth or facts
be shown by affidavit, subject to reasonable restrictions determined by the
court.
With the understanding that no order shall be granted permitting the testimony
of such a witness to be delivered by affidavit in cases where the Court
determines that any party genuinely wishes to present a witness for cross-
examination and that the witness is able to produce.
THE PROCESS OF DRAFTING AN AFFIDAVIT-
 Type the name of the court or tribunal where the affidavit will be filed at
the top of the document, followed by the assigned case or suit number.
 List the names of the parties in brief. Mention “AFFIDAVIT” as the
heading or title of the document.
 After saying “Do solemnly swear and declare as under,” provide the
deponent's information (the person testifying as to the truthfulness of the
claims he made in the main petition).
 This information should include the deponent's name, his father's name,
his age, and his residential address.
 The deponent must declare that he or she is the plaintiff or defendant (as
applicable) in the lawsuit for which the affidavit is being submitted in the
first paragraph following the introduction and that he or she is fully aware
of and conversant with the facts of the case and is qualified to testify
regarding them.
 Mention in the second paragraph that the deponent’s attorney authored
the petition or submission made in the petition and that the contents were
read over in simple English with a comprehensive explanation given to
the deponent, as well as the ramifications of the same.
 Give a brief summary of the lawsuit's specifics or the deponent's
submission. One can say that "the contents of the petition are not being
reproduced here for the sake of brevity and one shall treat the same as a
part of this affidavit" if the information is contained in the main petition
and does not need to be repeated in the affidavit.
 Lastly, include the following sentence: "To the best of the deponent's
knowledge, the contents of the affidavit are true and correct, and nothing
material has been withheld." This is followed by a section about
verification that reads, "This is the deponent's true and correct
declaration."
Sample affidavit
1 If ID proof has a single name for the applicant.
I ____ (Applicant Name as per id proof), residing at _______ (Address as per
address proof) do solemnly affirm and stated as under:

I am _____ and my name _______, appearing on the enclosed ID proof, is a


single name. My father’s name is ________________. For applying my DIN
application, I am mentioning my father’s name “____________” as my last
name, as this is a mandatory requirement for applying DIN. Both names denote
one and the same person.

I solemnly declare that the information in this affidavit is accurate to the best of
my knowledge and belief, that it contains no false information, and that it
contains nothing to be concealed.

2 Affidavit for name change


I Mr/Ms ____________S/o/D/o______________, aged around
______________years, resident of ______________, do hereby solemnly affirm
and declare as under:

That, my name as per the records in my educational institution is


______________ (ABC)

That, by the virtue of this affidavit, I changed my name as _________ on (date


of change of name).

Currently, all the records have my changed name _________.

That, I shall at all times, in all dealings and proceedings, sign the name
_________ as my name, thereby substituting my former name.
I am getting a public notice published to this effect in the newspaper.

Also, I state that (earlier name) and that (present name) are the names of the
same person, and that is myself.

This declaration is hereby executed and submitted to the concerned authorities


to accomplish the change of name.

I hereby state that whatever is stated herein is true to the best of my knowledge.

Solemnly affirmed at ________)

On this ____ day of ______ 20)

(Signature of the Applicant).

Deponent

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy