If the Petitioner was not able to produce any document in a case court and it is producing in a later date the petitioner has to file an affidavit to produce it explaining delay. In some cases Section 5 of Limitation Act regarding condonation of delay is applicable.
Sample Format of Affidavit to produce documents in court is given below:
IN THE COURT OF ____________, NEW DELHI
CS OS NO. ____ OF 20__
IN THE MATTER OF :
MR. ______ & ORS PETITIONERS
MR. ______________ RESPONDENT
I, _______________, son of Shri. ______________, aged about __ years, resident of ______, ________________, New Delhi-______, do hereby solemnly affirm and declare as under:-
1. I am the petitioner in the above case and deponent herein.
2. That I have filed a petition for Specific Performance which is pending
before this Hon'ble Court.
3. That the Hon'ble Court was examined on behalf of my evidence PW No _______ to PW No _________ and it is coming for further evidence of me. I submit that the Respondent had signed an agreement to sell on ________ to sell his property for Rs. _______ to me. The original document was kept in bank locker and due to holidays in bank, I was not able to take it from there and produce before this Hon'ble Court. I got fair chance to proceed with case in filing this document. The original Agreement to sell is is filed before the ________ Court, _______
4. It is therefore prayed that the Hon'ble Court may be pleased to condone the delay in the filling the document of Agreement to Sell and pass necessary orders. Or else I will be put serious loss.
Verified at Delhi on this day of, ___ that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the ___ day of _______,20__
COUNSEL FOR THE DEPONENT
5 Extension of prescribed period in certain cases
Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation.- The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.