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Nature of Affidavit

Affidavit is a sworn statement of facts given in writing on oath or solemn affirmation before an authority prescribed by Law authorised to attest such Oath or affirmation.

However, the affidavit has also been defined by Section 3(3) of General clauses Act giving inclusive definition as "affidavit" shall include affirmation and Declaration in the case of person by law authorised to affirm or declare instead of swearing ( Or Ix ,Rule 13 of Supreme Court Rules,2013).

Or 19 Rule 3 of the CPC contends that under Rule 3 matters to which affidavit shall be confined . Ref : Sanjiv Dutta, Minister of Information & Broadcasting, 1995,3 SCC, 619.

Affidavit shall be confined to such facts as the Deponent is able by his own knowledge to prove, except in interlocutory application, on which statement of his belief may be admitted, provided that the Ground there of are stated.

When lawyer is required to draft and file an affidavit of his client, it is the duty of his lawyer to see that affidavit is confined to such facts as his party'/ Deponent of the affidavit is able to prove out of his own personal belief.

Further it is also necessary to be seen if facts deposed by the client are based on the Belief of his client that such facts based on belief are not Ground less but are emanating from ground s whereupon belief may be sustained.

Written By: Adv.S Kundu
Ph no: +9051244073

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