Order IX - Affidavits : Supreme Court Rules 2013
What are Affidavits? Order IX of Supreme Court Rules 2013
Order IX of Supreme Court Rules 2013 : "Affidavits"
1. The Court may at any time, for sufficient reason, order
that any particular fact or facts may be proved by affidavit, or
that the affidavit of any witness may be read at the hearing, on
such conditions as the Court
Provided that where it appears to the Court that either party
bona fide desires the production of a witness for
cross-examination and that such witness can be produced, an
order shall not be made authorising the evidence of such witness
to be given by affidavit.
2. Upon any application evidence may be given by affidavit;
but the Court may, at the instance of either party, order the
attendance for cross-examination of the deponent, and such
attendance shall be in Court, unless the deponent is exempted
from personal appearance in Court or the Court otherwise
3. Every affidavit shall be filed in the cause, appeal or
matter for which it is sworn.
4. Every affidavit shall be drawn up in the first person, and
shall be divided into paragraphs to be numbered consecutively,
and shall state the description, occupation, if any, and the
true place of abode of the deponent.
5. Affidavits shall be confined to such facts as the deponent
is able of his own knowledge to prove, except on interlocutory
applications, on which statements of his belief may be admitted,
provided that the grounds there of are stated.
6. An affidavit requiring interpretation to the deponent
shall be interpreted by an interpreter nominated or approved by
the Court, if made within the State of Delhi, and if made
elsewhere, shall be interpreted by a competent person who shall
certify that he has correctly interpreted the affidavit to the
7. Affidavits for the purposes of any cause, appeal or matter
before the Court may be sworn before a Notary or any authority
mentioned in section 139 of the Code or before a Registrar of
this Court duly authorised in this behalf by the Chief Justice,
or before an Oath Commissioner generally or specially authorised
in that behalf by the Chief Justice.
8. Where the deponent is a pardahnashin lady, she shall
affirm or take oath before a lady Registrar of this Court which
shall include an Additional Registrar, duly authorised by the
Chief Justice, or before a lady Oath Commissioner, and shall
also be identified by a person to whom she is known and that
person shall prove the identification by a separate affidavit.
9. Every exhibit annexed to an affidavit shall be marked with
the title and number of the cause, appeal or matter and shall be
initialed and dated by the authority before whom it is sworn.
10. No affidavit having any interlineation,
alteration or erasure shall be filed in Court unless the
interlineation or alteration is initialed, or unless in
the case of an erasure the words or figures written on
the erasure are rewritten in the margin and initialed,
by the authority before whom the affidavit is sworn.
11. The Registrar may refuse to receive an affidavit where in
his opinion the interlineations, alterations, or erasures are so
numerous as to make it expedient that the affidavit should be
12. Where a special time is limited for filing affidavits, no
affidavit filed after that time shall be used except by leave of
13. In this Order, 'affidavit' includes a petition or other
document required to be sworn or verified; and 'sworn' includes
affirmed. In the verification of petitions, pleadings or other
proceedings, statements based on personal knowledge shall be
distinguished from statements based on information and belief.
In the case of statements based on information, the deponent
shall disclose the source of his information, including official