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
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
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.