AAP Tax Law - legal formats, laws and online services
Legal Formats > Civil Procedure > Affidavit

Affidavit for Late Production of Documents in a Civil Court

Updated sample affidavit for seeking the Court's leave to place a document on record when it was not produced at the stage required by the Code of Civil Procedure, 1908.

Current legal position: A plaintiff who omitted a document that ought to have been produced with the plaint normally requires leave of the Court under Order VII Rule 14(3) CPC before that document can be received in evidence. A corresponding rule for documents relied on by a defendant appears in Order VIII Rule 1A(3) CPC. The precise provision and procedure may vary with the stage of the suit, local High Court rules and the nature of the document.

When this affidavit may be used

This format may accompany an application seeking permission to file or produce a document that was not placed on record earlier. The affidavit should clearly explain what the document is, why it is relevant, why it was not filed at the proper stage, when it became available, and why accepting it will assist the Court without causing unfair prejudice to the opposite party.

Section 5 of the Limitation Act, 1963 deals with extension of the prescribed period for certain delayed appeals and applications. It is not automatically the governing provision merely because a document is being produced late. It should be invoked only where the particular application is itself subject to a prescribed period of limitation and the provision is legally applicable.

Official CPC, 1908 - India Code Official Limitation Act, 1963 - India Code

Sample Affidavit Format

Replace the bracketed fields with the facts of the case. The application and affidavit should be adapted to the applicable court rules and procedural stage.

IN THE COURT OF __________________________ AT __________________

CIVIL SUIT / CS NO. ______ OF 20__

IN THE MATTER OF:

______________________________ PLAINTIFF / PETITIONER

VERSUS

______________________________ DEFENDANT / RESPONDENT

AFFIDAVIT IN SUPPORT OF APPLICATION FOR LEAVE TO PRODUCE / FILE DOCUMENT(S)

I, ________________________, son/daughter/wife of ________________________, aged about ____ years, resident of ________________________________________, do hereby solemnly affirm and state as follows:

1. That I am the __________________ in the above-mentioned case and am well acquainted with the facts and circumstances of the matter. I am competent to swear this affidavit.

2. That the above suit/proceeding is pending before this Hon'ble Court and is presently listed for ______________________________.

3. That the deponent seeks leave of this Hon'ble Court to place on record / produce the following document(s): ______________________________ dated ____________, relating to __________________________________________.

4. That the said document could not be filed at the earlier stage because ____________________________________________. The omission was neither deliberate nor intended to withhold material from this Hon'ble Court.

5. That the document became available to / came to the knowledge or possession of the deponent on or about ____________ in the following circumstances: ____________________________________________.

6. That the document is relevant and necessary for the proper and effective adjudication of the issues in controversy because ____________________________________________.

7. That receiving the document on record will not cause irreparable prejudice to the opposite party. The opposite party may be given an appropriate opportunity, as this Hon'ble Court deems fit, to inspect the document and respond to it.

8. That the application is bona fide and is made in the interest of justice. No party will be unfairly advantaged by permitting the document to be taken on record subject to such terms as this Hon'ble Court may impose.

9. That, where applicable, the applicant seeks leave of this Hon'ble Court under Order VII Rule 14(3) of the Code of Civil Procedure, 1908 / Order VIII Rule 1A(3) CPC, or such other provision as may apply to the party and stage of the proceeding.

10. It is therefore respectfully prayed that this Hon'ble Court may be pleased to permit the applicant to file / produce the above document(s) and take the same on record, subject to admissibility and proof in accordance with law, and pass such further order as may be just and proper.

DEPONENT

VERIFICATION

Verified at __________________ on this ____ day of __________, 20__, that the contents of paragraphs 1 to ____ of this affidavit are true and correct to my knowledge and belief, based on the records available to me, and that nothing material has been concealed therefrom.

DEPONENT

Practical points before filing

Note: This is a general drafting format. Whether a late document can be accepted depends on the facts, the stage of trial, the applicable CPC provision, evidentiary rules, local court rules and judicial discretion. Filing a document does not by itself establish its admissibility or proof.

Section 5 of the Limitation Act, 1963 - limited relevance

Section 5 permits certain appeals or applications to be admitted after the prescribed period when sufficient cause is shown. It does not apply to suits and excludes applications under Order XXI CPC. Therefore, it should not be described as the ordinary legal basis for obtaining leave to produce a document that was omitted earlier.