Affidavit Template Generator

Affidavits and vakalatnamas in Indian courts

Affidavits are sworn written statements used to place facts before a court or authority. In Indian civil and criminal proceedings, virtually every petition, application, and pleading must be accompanied by a supporting affidavit verifying the contents. The affidavit itself is a deponent's solemn declaration before a Notary Public or Oath Commissioner.

General affidavit

A general supporting affidavit accompanies a petition, plaint, or application. It typically states: (a) that the deponent is conversant with the facts; (b) that the contents of the main document are true and correct; and (c) that any annexures are true copies of originals. The affidavit must be executed on non-judicial stamp paper of the value prescribed by the relevant state.

The deponent must appear before a Notary Public (authorised under the Notaries Act, 1952) or an Oath Commissioner appointed by the High Court and swear/affirm the contents. The Notary or Oath Commissioner stamps and signs the affidavit to certify the oath.

Affidavit of service

Under the Code of Civil Procedure, 1908, Order V governs service of summons. When service is effected other than through the court bailiff (e.g., by Speed Post, courier, or personal service by a process server), an affidavit of service must be filed to prove that the opposite party received notice. Courts will not proceed ex parte without evidence of proper service.

The affidavit must describe: the date of service; the mode of service; the address at which service was effected; the person who received the documents; and must attach proof (postal acknowledgement, tracking report, or photograph in case of affixture).

Vakalatnama

A vakalatnama is the authority given by a client to an advocate to represent them in a specific proceeding. It is governed by Order III Rule 4, CPC and the Advocates Act, 1961. Key points:

• Must be signed by the client in the presence of the advocate (or properly attested).
• Must state the advocate's full name and Bar Enrolment Number — verifiable from State Bar Council records.
• For company clients: a Board Resolution authorising the signatory must be attached.
• Filed with the court registry along with the first pleading — the advocate is “on record” only after this.
• Some courts require stamp paper; check the relevant state schedule.

A vakalatnama may be general (covering all proceedings in a matter) or limited to specific hearings. Withdrawal of vakalatnama requires the court's permission after notice to the client.

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