Affidavit for Lost Negotiable Instrument under Order VII Rule 16 CPC
Updated sample affidavit for use in a civil suit founded upon a lost cheque, bill of exchange, promissory note or other negotiable instrument, together with the indemnity requirement under Order VII Rule 16 of the Code of Civil Procedure, 1908.
Updated: 30 August 2026Order VII Rule 16 CPC: Suits on Lost Negotiable Instruments
Order VII of the Code of Civil Procedure, 1908 deals with the plaint. Rule 16 specifically addresses a situation in which a civil suit is founded upon a negotiable instrument but the original instrument has been lost.
The rule enables the court to proceed notwithstanding the non-production of the original instrument when the statutory conditions are satisfied. Broadly, the plaintiff must establish the loss of the instrument and provide indemnity satisfactory to the court against a possible claim by another person upon the same instrument.
The provision protects both sides. It prevents a genuine plaintiff from losing a civil remedy merely because the original negotiable instrument has been lost, while the indemnity protects the person liable on the instrument against the risk of another claim being made on the same instrument.
Sample Affidavit for Lost Negotiable Instrument
The following specimen may be adapted to the facts of the particular suit. Where the plaintiff is a bank, company, partnership or other entity, the deponent should state the basis of authority to swear the affidavit.
IN THE MATTER OF:
Through ________________________
Address: _______________________ PLAINTIFF
VERSUS
Address: _______________________ DEFENDANT
I, ________________________________, son/daughter/wife of ________________________________, aged about ______ years, presently residing at ___________________________________________________________, do hereby solemnly affirm and state as follows:
I am the ________________________________ of the plaintiff and am duly authorised to institute / pursue the present proceedings and to swear this affidavit. I am acquainted with the records and facts of the case and am competent to depose to the matters stated herein.
The plaintiff has instituted the accompanying suit seeking recovery / enforcement of the amount due under a negotiable instrument described below: Instrument type: ________________________________; Instrument/Cheque/Bill/Note No. __________________; Date: __________________; Amount: Rs. __________________; Drawer/Maker: ________________________________; Payee/Holder: ________________________________.
The aforesaid negotiable instrument arose from / was issued in connection with the transaction more fully described in the accompanying plaint.
The instrument came into the possession / custody of ________________________________________________ on or about __________________ in the ordinary course of business.
On __________________, the instrument was _________________________________________________ for the purpose of _________________________________________________.
Thereafter, despite reasonable and diligent search, the original instrument could not be traced and is believed to have been lost at / during _________________________________________________.
The plaintiff has made reasonable inquiries and searches for locating the original instrument, including _______________________________________________________, but the instrument has not been recovered.
The loss of the instrument was not intentional and, to the best of my knowledge and belief, was not caused with any fraudulent object or for the purpose of suppressing the original document from this Hon'ble Court.
Copies / records relating to the instrument, including _________________________________________________, are available with the plaintiff and are being produced or relied upon subject to the rules of evidence and the orders of this Hon'ble Court.
The plaintiff states that the accompanying suit is founded upon the aforesaid negotiable instrument and that the original instrument cannot presently be produced before this Hon'ble Court because it has been lost.
The plaintiff undertakes to furnish such indemnity as this Hon'ble Court may require to its satisfaction under Order VII Rule 16 of the Code of Civil Procedure, 1908, against any claim of another person upon the said instrument.
If the original negotiable instrument is subsequently traced or recovered, the plaintiff undertakes to promptly inform this Hon'ble Court and produce the instrument before the Court, subject to further orders.
To the best of my knowledge, no person other than _________________________________________________ presently claims any right, title or interest in the instrument, except as specifically disclosed in the accompanying plaint.
The statements made in the accompanying plaint concerning the issue, possession, loss and non-availability of the instrument are true and correct to my knowledge derived from the records maintained in the ordinary course of business and/or from my personal knowledge, as applicable.
I therefore respectfully pray that this Hon'ble Court may take this affidavit and the accompanying material on record and deal with the suit in accordance with Order VII Rule 16 CPC and other applicable provisions of law.
Place: ___________________________
Date: ____________________________
DEPONENT
I, ________________________________, the above-named deponent, do hereby verify that the contents of paragraphs 1 to ______ of this affidavit are true and correct to my knowledge and/or based upon records believed by me to be true, that no material fact has been concealed therefrom and that nothing stated herein is false.
Verified at ________________________________ on this ______ day of __________________, 20______.
DEPONENT
Why Is Indemnity Required under Order VII Rule 16?
A negotiable instrument may, depending upon its nature and the circumstances, be capable of negotiation or of becoming the basis of another claim. If the original has been lost, the person who is required to make payment may face the risk of a later demand based on the instrument.
Order VII Rule 16 therefore requires the plaintiff to give an indemnity satisfactory to the court against claims of another person upon the lost instrument before the special protection contemplated by the rule is granted.
Related Provisions of the Negotiable Instruments Act, 1881
Section 45A - Holder's Right to Duplicate of Lost Bill
Section 45A deals specifically with a bill of exchange that has been lost before it becomes overdue. Subject to the statutory conditions, the person who was the holder may seek another bill of the same tenor from the drawer and may be required to give security by way of indemnity.
This provision concerns a lost bill of exchange and should not be treated as a general provision automatically applicable to every kind of cheque or promissory note.
Section 81 - Indemnity Where Instrument Is Lost
Section 81 of the Negotiable Instruments Act addresses the rights of a person who is liable to pay a promissory note, bill of exchange or cheque. Where the instrument is lost or cannot be produced, the person making payment is entitled to protection by indemnity against a further claim on that instrument.
The principle complements the protection contemplated by Order VII Rule 16 CPC where a civil suit is founded upon an instrument whose original has been lost.
Documents Commonly Relevant in a Lost Instrument Suit
Depending upon the transaction, parties may need to produce or rely upon records such as the available photocopy or scanned copy of the negotiable instrument, bank statements, deposit slips, correspondence, transaction records, dispatch or courier records, notices regarding loss, internal bank records and other material proving the underlying debt and the circumstances in which the instrument was lost.
The precise documents required depend upon the cause of action and facts of the suit. Merely stating that an instrument has been lost does not dispense with the need to establish the underlying liability in accordance with law.
Official Statutory Resources
Important Drafting Points
- Clearly identify the type, number, date, amount, maker/drawer, payee and other particulars of the lost instrument.
- State how and when the plaintiff or deponent came into possession of the instrument.
- Describe the circumstances in which the original was lost instead of merely stating that it is unavailable.
- Mention reasonable searches and inquiries made to locate the instrument.
- If a copy or electronic image exists, identify it accurately and produce it in accordance with the applicable evidentiary rules.
- Include an undertaking to furnish the indemnity required to the satisfaction of the court.
- Undertake to produce the original if it is later recovered.
- Where the deponent acts for a bank or company, disclose the source of authority to institute or pursue the proceedings and swear the affidavit.
Frequently Asked Questions
Which CPC provision applies to a lost negotiable instrument?
Order VII Rule 16 of the Code of Civil Procedure, 1908 deals specifically with suits founded upon lost negotiable instruments.
Is it Order VII Rule 16 or Order VIII Rule 16?
It is Order VII Rule 16 CPC. Order VII deals with the plaint, and Rule 16 is titled “Suits on lost negotiable instruments.”
Can a suit continue if the original cheque or instrument is lost?
Order VII Rule 16 provides a mechanism for a suit founded upon a lost negotiable instrument where the loss is proved and indemnity satisfactory to the court is furnished. The plaintiff must nevertheless establish the substantive claim and other requirements of law.
Is indemnity compulsory under Order VII Rule 16?
The rule expressly contemplates indemnity satisfactory to the court against claims of another person upon the lost instrument.
Does Section 45A apply to a lost cheque?
Section 45A specifically refers to a lost bill of exchange before it is overdue. It should therefore not be described as a general duplicate-instrument provision for every lost cheque or promissory note.
What is the relevance of Section 81 of the Negotiable Instruments Act?
Section 81 addresses delivery of the instrument upon payment and indemnity where a promissory note, bill of exchange or cheque is lost or cannot be produced, protecting the person making payment against a further claim.
Is this affidavit format suitable for every case?
No. It is a general specimen and must be modified according to the transaction, nature of the instrument, parties, jurisdiction, court rules and evidence actually available.
Disclaimer
This page provides a general specimen affidavit and legal information for educational and drafting purposes. It does not constitute legal advice and should not be filed without adapting it to the actual facts, applicable court rules, state amendments, evidentiary requirements and directions of the competent court.