Order IX - Affidavits under the Supreme Court Rules, 2013
Order IX governs the use of sworn or affirmed statements before the Supreme Court of India. It covers when affidavit evidence is accepted, examination of a deponent, how affidavits are drafted and verified, and the formal requirements for attestation and annexures.
What is an affidavit?
An affidavit is a written statement of facts made on oath or affirmation before an authorised person. Under Rule 13 of Order IX, the term also includes petitions or other documents required to be sworn or verified, and the word "sworn" includes "affirmed". A deponent is the person who makes the statement.
For Supreme Court practice, read Order IX with the applicable forms, filing directions and current circulars issued by the Court. Section 139 of the Code of Civil Procedure, 1908 identifies authorities empowered to administer oaths on affidavits for purposes of the Code.
Order IX: Rules 1 to 13
The following provisions retain the substance and sequence of the original rules, including the conditions for cross-examination and verification.
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
thinks reasonable:
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 directs.
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 deponent.
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 interlineations, alteration or erasure shall be filed in Court unless the interlineations or alteration is initialled, or unless in the case of an erasure the words or figures written on the erasure are rewritten in the margin and initialled, 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 rewritten.
12. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used except by leave of the Court.
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 records.
Practical requirements for filing an affidavit
Draft the statement in the first person and use consecutively numbered paragraphs. State the deponent's description, occupation (if any), and true address. Clearly distinguish facts personally known to the deponent from information or belief; identify the source, including official records, for information-based assertions. Mark each annexed exhibit with the case title and number and have it initialled and dated by the attesting authority.
Where interpretation is needed, follow Rule 6. Avoid unauthenticated erasures or corrections and observe any filing deadline set by the Court. The Court may direct cross-examination of a deponent under Rules 1 and 2.
Official sources and current directions
For amendments, electronic filing, current prescribed forms and procedural directions, consult the Supreme Court of India official website and its Supreme Court Rules resources. The original text is reproduced for reference; subsequent amendments, practice directions and case-specific orders prevail wherever applicable.