Affidavit in Support of Pleading under Order XIX Rule 3 CPC
An affidavit is a sworn written statement made by a deponent, affirming the truth of the facts stated within it. It serves as evidence in civil proceedings, either verifying the contents of an accompanying pleading or presenting a standalone set of facts for the court's consideration.
This document is filed in any civil court. Its form and evidentiary value are governed by Order XIX Rules 1 to 3 of the Code of Civil Procedure, 1908, and the Oaths Act, 1969.
- Governing law
- CPC Order XIX rr.1-3 + Oaths Act 1969 ss.4-5 + BSA 2023
- Sections
- s. XIX r.3
- Filed before
- any
When this is the right filing
- To verify the facts stated in a plaint, written statement, or any interlocutory application.
- To place a standalone set of facts on record when no accompanying pleading is being filed.
- When a deponent needs to swear on behalf of a company, firm, or society, supported by an authorising board resolution.
- Do not use this as a standalone affidavit of facts if the intent is only to verify a pleading; in that case, the paragraphs verifying the pleading should be used, and the standalone facts paragraph should be deleted.
What the court looks for
- A clear statement that the deponent is competent to testify and is duly authorised if representing an entity.
- Facts that are within the deponent's personal knowledge, stated distinctly and not as inferences or legal arguments.
- For interlocutory applications, a disclosure of the grounds and source of any statements made on belief.
- Proper attestation by a Notary Public or Oath Commissioner, with every page signed by the deponent and initialled by the attesting officer.
The structure the court expects
The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.
- 1Affidavit
1. That I am the [deponent role] in the above-titled matter and am fully conversant with the facts and circumstances of the case, and am competent and duly authorised to swear this affidavit.
Bracketed items are filled from your case.
Frequently asked questions
What is the difference between an affidavit in support of a pleading and a standalone affidavit?
An affidavit in support of a pleading is filed alongside an application or plaint to verify its paragraphs. A standalone affidavit is filed independently to present a set of facts to the court without being attached to a specific pleading. The drafting differs, as the supporting affidavit relies on paragraphs that reference the pleading, which must be deleted for a standalone affidavit.
Can a deponent state facts based on belief rather than personal knowledge?
Yes, but only in affidavits for interlocutory applications, as permitted by Order XIX Rule 3 of the CPC. The deponent must explicitly state the grounds of that belief and disclose the source of information. For a final hearing, the affidavit must be confined to facts the deponent can prove of their own knowledge.
What are the consequences of filing a false affidavit?
A false affidavit is a criminal offence. The deponent can be prosecuted for perjury and giving false evidence under the provisions of the Bharatiya Sakshya Adhiniyam, 2023, and the Bharatiya Nyaya Sanhita, 2023. The court may also disregard the evidence and take a serious view of the conduct.
Free trial · Drafting assistance, not legal advice — always verify before filing.
More civil formats
- Appeal under Section 37 of the Arbitration and Conciliation Act, 1996
- Application for Condonation of Delay under Section 5 Limitation Act
- Application Under Order XXXIX Rule 2A CPC for Disobedience of Injunction
- Application for Impleadment of Party under Order I Rule 10 CPC
- Application for Recall, Modification or Clarification of an Order under Section 151 CPC
- Application for Restoration of Suit or Appeal Dismissed in Default
- Application for Substitution of Legal Representatives under Order XXII CPC
- Application for Temporary Injunction under Order XXXIX Rules 1 & 2 CPC