Supplementary Affidavit in Writ Petition or SLP
A supplementary affidavit is a sworn statement used to bring new facts or documents to the court's attention in a case that is already pending. It allows a party to update the record with events that occurred after the main petition or affidavit was filed, without altering the original case.
This document is filed in the Supreme Court or a High Court in proceedings under Article 32, Article 226, or Article 136 of the Constitution. It is governed by Order XIX of the Code of Civil Procedure, 1908 and the Oaths Act, 1969.
- Governing law
- CPC Order XIX rr.1-3; Oaths Act 1969 s.4-5; Constitution of India Art.226/Art.136
- Sections
- s. Article 226s. Article 32s. Article 136s. Order XIX
- Filed before
- Supreme Court of India / High Court (Writ / SLP / Suit jurisdiction)
When this is the right filing
- When a fact material to the case occurs after the filing of the main writ petition, SLP, or suit.
- When a relevant document is discovered or becomes available only after the initial pleadings are complete.
- To place on record official notifications, reports, or correspondence that post-date the original filing.
- When the court directs a party to file an additional affidavit clarifying a specific factual point.
- Do not use this document to introduce a new cause of action, seek fresh reliefs, or amend the main pleading; those require a formal amendment application.
What the court looks for
- A clear statement that the affidavit is confined to subsequent facts and does not set up a new case.
- A proper cause title that is identical to the main proceeding.
- Numbered paragraphs, each dealing with a single fact, and a clear reference to any annexed documents in the SA-n series.
- A verification clause confirming that the contents are true to the deponent's knowledge and belief.
- Proof of the deponent's competency and authority to swear the affidavit on behalf of the party.
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.
- 1Supplementary affidavit on behalf of the
- 2Verification
1. That I am the deponent and [filed by] in the above matter, am fully conversant with the facts and circumstances of the case and am competent to swear this affidavit.
Bracketed items are filled from your case.
Frequently asked questions
What is the difference between a supplementary affidavit and an application for amendment?
A supplementary affidavit only places new facts or documents on the existing record without changing the original pleadings or reliefs. An application for amendment is required to alter the pleadings, add new grounds, or introduce a new prayer.
How should annexures to a supplementary affidavit be marked?
Annexures filed with a supplementary affidavit are marked in the SA-n series (e.g., SA-1, SA-2) to distinguish them from the annexures to the main petition, which are typically marked as P-1, P-2, etc.
Is a separate application required to file a supplementary affidavit?
Yes, as a matter of practice, the advocate often files the supplementary affidavit along with a covering application seeking formal leave of the court to bring the subsequent facts on record.
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More writs & supreme court formats
- Civil Appeal to the Supreme Court under Article 133 or 136
- Contempt Petition for Wilful Disobedience of a Court Order
- Counter-Affidavit on Behalf of Respondent in Writ or SLP
- Criminal Appeal to the Supreme Court under Section 420 BNSS
- Curative Petition under Order XLVIII Supreme Court Rules 2013
- Habeas Corpus Petition under Article 226
- Interlocutory Application for Interim Relief in Pending Matter
- Memo of Appearance