How to Draft an Affidavit for Filing in the High Court: Sample Format
An affidavit is one of the most important documents filed before a court in India. Whether you are filing a Civil Writ Petition (CWP), Review Petition, Revision Petition, Miscellaneous Application, or another legal proceeding, the court may require the applicant, petitioner, respondent, or another person to support factual statements with a sworn or affirmed affidavit.
Before the Punjab and Haryana High Court at Chandigarh, affidavits are commonly filed in connection with applications such as condonation of delay, exemption from filing certified copies, placing additional documents on record, stay applications, restoration applications, review applications, amendment applications, and other interlocutory proceedings.
This guide explains what an affidavit is, why it is required, its essential components, how to draft one, and provides a sample affidavit format that can be adapted for use before the Punjab and Haryana High Court.
Important: The sample provided in this article is a general drafting template for educational and practical guidance. The exact requirements may vary depending on the nature of the proceeding, applicable High Court rules, Registry requirements, and directions issued by the Court.
What Is an Affidavit?
An affidavit is a written statement made by a person known as the deponent, who formally affirms or swears that the statements contained in the affidavit are true to the best of their knowledge, information, and belief, as applicable.
An affidavit is generally sworn or affirmed before an authority legally authorized to administer oaths or affirmations, such as an Oath Commissioner, Notary Public, or other competent authority, depending on the applicable procedure.
Because an affidavit is a formal statement made on oath or affirmation, a person should not knowingly make a false statement in it. False statements in judicial proceedings can have serious legal consequences.
Why Is an Affidavit Required in Court?
An affidavit helps the court identify the factual statements that are being formally affirmed by the person making the statement.
An affidavit may serve several purposes:
It supports factual statements made in an application or petition.
It identifies the person taking responsibility for those factual assertions.
It confirms that the deponent has affirmed the contents.
It assists the court in considering applications based on factual circumstances.
It helps distinguish factual assertions from legal submissions.
An affidavit does not automatically make every statement contained in it conclusive proof. Its evidentiary effect depends upon the nature of the proceeding, applicable law, and the court's assessment.
When Is an Affidavit Filed Before the Punjab and Haryana High Court?
Depending upon the proceeding, an affidavit may accompany or support applications relating to:
Condonation of delay
Exemption from filing certified copies
Placing additional documents on record
Stay of operation or execution of an order
Restoration of a petition or application
Review proceedings
Amendment applications
Early hearing applications
Miscellaneous Civil Applications
Writ petitions containing factual assertions
Applications seeking procedural or interim relief
The requirement is not identical for every application. The applicable rules, filing requirements, and any order or direction of the Court should therefore be checked before filing.
Essential Parts of an Affidavit
A properly prepared affidavit generally contains several important components.
1. Cause Title
The affidavit should begin with the appropriate name of the Court and the relevant case details.
A general example is:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No. _____ of 20__
In
CWP No. _____ of 20__
[Name of Petitioner]
Versus
[Name of Respondent(s)]
The exact cause title should correspond with the case record and the application with which the affidavit is being filed.
2. Details of the Deponent
The affidavit should identify the person making it.
Depending upon the circumstances, the introductory description may include:
Name of the deponent
Father's or mother's name, where appropriate
Age, where required
Occupation, where relevant
Residential or other appropriate address
Status in the proceedings, such as petitioner, respondent, or authorized representative
For example:
I, [Name], aged about [age] years, son/daughter of [name], resident of [address], presently the petitioner in the above-mentioned case, do hereby solemnly affirm and state as under:
The personal particulars should be stated accurately.
3. Competency of the Deponent
The affidavit should explain why the person making the affidavit is competent to state the facts.
A common formulation is:
I am the petitioner in the present case and am fully acquainted with the facts and circumstances of the matter and, therefore, am competent to swear this affidavit.
Where an affidavit is filed by an authorized representative or another person, the wording should accurately explain the basis of that person's knowledge and authority.
4. Reference to the Application
Where the affidavit supports a particular application, it should clearly identify that application.
For example:
That the accompanying application for condonation of delay has been filed seeking condonation of the delay of ___ days in filing the accompanying petition.
The affidavit should explain the relevant factual circumstances supporting the relief sought.
5. Numbered Paragraphs
The factual statements should ordinarily be arranged in numbered paragraphs.
For example:
1. That the applicant filed the accompanying application seeking __________.
2. That the delay occurred due to __________.
3. That the applicant took steps to pursue the matter and there was no deliberate or intentional negligence on the part of the applicant.
4. That the contents stated above are based upon my personal knowledge and the record of the case.
Only facts relevant to the application should be included.
6. Facts Based on Personal Knowledge
A deponent should distinguish between matters personally known to them and matters based on information or the case record.
For example:
That the facts stated in paragraphs 1 to 4 above are true and correct to my personal knowledge and the record available to me.
If a statement is based on information received from another person or a document, it should not incorrectly be presented as personal knowledge.
7. Legal Submissions and Advice
Legal arguments are generally presented separately from factual assertions.
Where appropriate, an affidavit can state that legal submissions are based upon legal advice believed by the deponent to be correct. However, the affidavit should not be used as a substitute for properly drafted legal pleadings or submissions.
8. Declaration Regarding Similar Proceedings
Where applicable, an affidavit may contain a statement concerning whether any similar application seeking substantially the same relief has previously been filed or is pending.
For example:
That no other application seeking the same relief has been filed or is pending before this Hon'ble Court, except as disclosed in the accompanying application/case record.
This statement should never be inserted mechanically. It must be factually correct.
Sample Affidavit Format for Punjab and Haryana High Court
The following is a general sample that can be adapted according to the particular application.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No. _____ of 20__
In
CWP No. _____ of 20__
[NAME OF PETITIONER] ...Petitioner
Versus
[NAME OF RESPONDENT(S)] ...Respondent(s)
AFFIDAVIT
I, [Full Name of Deponent], aged about [Age] years, son/daughter of [Father's/Mother's Name], resident of [Complete Address], presently the [Petitioner/Respondent/Applicant/Authorized Representative] in the above-mentioned case, do hereby solemnly affirm and state as under:
1. That I am the [petitioner/respondent/applicant/authorized representative] in the above-mentioned matter and am fully acquainted with the facts and circumstances of the case and, therefore, am competent to swear this affidavit.
2. That the accompanying [name of application] has been filed before this Hon'ble Court seeking [briefly mention the relief sought].
3. That the facts and circumstances giving rise to the filing of the accompanying application are as follows: [briefly state the relevant facts in chronological order].
4. That [state the specific factual ground supporting the relief sought].
5. That the contents of the accompanying application, insofar as they relate to facts, are true and correct to my knowledge and belief and are based upon the record available to me.
6. That the documents, if any, relied upon in support of the accompanying application are true copies of their respective originals/records, subject to the manner in which such documents are required to be filed before the Hon'ble Court.
7. That no material fact relevant to the present application has knowingly been concealed from this Hon'ble Court.
8. That, to the best of my knowledge, no other application seeking substantially the same relief is pending before this Hon'ble Court, except as specifically disclosed in the accompanying application/case record.
9. That the contents of this affidavit are true and correct to my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION
Verified at [Place] on this ___ day of ________, 20, that the contents of paragraphs 1 to ___ of the above affidavit are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT
Identified by:
[Name/Signature of Advocate, where applicable]
Solemnly affirmed/sworn before me at [Place] on this ___ day of ________, 20.
OATH COMMISSIONER / AUTHORIZED ATTESTING AUTHORITY
How to Draft an Affidavit Correctly
A good affidavit should be specific, factual, concise, and consistent with the application or petition it supports.
Step 1: Identify the Proceeding
First identify:
Court
Case number
Parties
Application number, if available
Nature of application
Step 2: Identify the Deponent
Clearly state the person's name and status in the proceedings.
Step 3: Explain the Purpose
Mention why the affidavit is being filed and which application or proceeding it supports.
Step 4: State Relevant Facts Chronologically
If the affidavit relates to delay, explain the events that caused the delay in chronological order.
If it relates to additional documents, explain why the documents could not be filed earlier and why they are relevant.
If it relates to restoration, explain the circumstances resulting in dismissal or non-appearance and the steps subsequently taken.
Step 5: Avoid Unnecessary Arguments
An affidavit should primarily establish the relevant factual foundation. Lengthy legal arguments generally belong in the appropriate petition, application, written submissions, or arguments.
Step 6: Check Every Factual Statement
Before signing, the deponent should carefully verify:
Dates
Names
Case numbers
Orders
Addresses
Document references
Previous proceedings
Statements regarding knowledge
An incorrect date or case number can create unnecessary complications.
Affidavit for Condonation of Delay
An affidavit supporting an application for condonation of delay should explain the actual circumstances responsible for the delay.
For example, the structure may include:
1. That the accompanying application has been filed seeking condonation of delay of ___ days in filing the accompanying petition/application.
2. That the relevant order was passed on __________.
3. That the applicant came to know of/received the relevant order on __________.
4. That thereafter the applicant took steps to pursue the matter.
5. That the delay occurred due to __________.
6. That the delay was neither deliberate nor intentional and occurred due to the circumstances stated above.
7. That the applicant has a bona fide explanation for the delay and seeks condonation in the interests of justice.
The facts must be changed according to the actual reason for delay. A generic statement such as “delay occurred due to unavoidable circumstances” may be insufficient where the application requires a detailed explanation.
Affidavit for Placing Additional Documents on Record
Where additional documents are sought to be placed on record, the affidavit should explain:
What the documents are.
Why they are relevant.
Why they were not filed earlier.
When they became available, where relevant.
Why allowing them on record is necessary.
A general structure could be:
That the applicant seeks permission to place the accompanying documents on record as the said documents are relevant for proper adjudication of the matter. The documents could not be filed earlier because __________. The documents are necessary for assisting this Hon'ble Court in effectively deciding the controversy involved in the present proceedings.
The explanation should always be based on the actual facts.
Affidavit for Restoration Application
For a restoration application, the affidavit should explain the circumstances in which the matter was dismissed and why restoration is being requested.
It may include:
Date of dismissal.
Reason for absence or default.
When the applicant learned about the dismissal.
Steps taken thereafter.
Explanation for any further delay.
Bona fide intention to pursue the case.
The exact facts should be stated rather than relying on a standard template.
Common Mistakes to Avoid
1. Copying a Template Without Changing the Facts
A sample affidavit is only a drafting aid. Every factual statement must relate to the actual case.
2. Incorrect Case Number
Always compare the affidavit with the latest case record.
3. Incorrect Dates
Dates relating to orders, filing, knowledge, communication, and subsequent steps should be carefully checked.
4. Mixing Personal Knowledge and Information
A deponent should not claim personal knowledge of facts that they actually learned from someone else or from documents.
5. Making Unnecessary Allegations
An affidavit should not contain exaggerated, irrelevant, or unsupported allegations.
6. Contradicting the Application
The affidavit and accompanying application should be internally consistent.
7. Incorrect Verification
The verification clause should accurately identify which paragraphs are based on knowledge, information, or belief.
8. Signing Without Reading
The deponent should read the complete affidavit before signing or affirming it.
9. Ignoring Filing Requirements
Court filing requirements can change and may depend on the type of proceeding. The latest applicable rules, directions, filing instructions, and Registry requirements should therefore be checked before filing.
Affidavit vs Application: What Is the Difference?
An application asks the court to grant a particular relief.
An affidavit generally provides sworn or affirmed factual support for the statements made by the applicant or another deponent.
For example:
Application:
“Condone the delay of 45 days in filing the petition.”
Affidavit:
Explains the factual circumstances that caused the 45-day delay and confirms the truth of those factual statements.
Therefore, an affidavit and an application serve different functions even when they are filed together.
Who Can Swear or Affirm an Affidavit?
The affidavit must be sworn or affirmed before an authority legally competent to administer the oath or affirmation in the circumstances of the filing.
Depending on the applicable procedure, this may involve an Oath Commissioner, Notary Public, or another authorized authority.
The person administering the oath or affirmation should properly attest the affidavit in accordance with the applicable requirements.
Affidavit Filing Checklist
Before filing an affidavit before the Punjab and Haryana High Court, check the following:
Correct court name.
Correct case number.
Correct application number, where applicable.
Correct names of all parties.
Correct name and details of the deponent.
Deponent's status correctly stated.
Relevant facts stated clearly.
Dates and events verified.
Documents correctly referred to.
Application and affidavit are consistent.
Verification clause is accurate.
Affidavit is properly signed/affirmed.
Required attestation has been completed.
Current filing and Registry requirements have been checked.
Frequently Asked Questions
Is an affidavit compulsory with every application?
No. Whether an affidavit is required depends upon the nature of the proceeding, applicable rules, filing requirements, and directions of the Court. Some applications may require supporting affidavits, while others may not.
Can an affidavit be typed?
Affidavits are commonly prepared in typed form, subject to the applicable formatting and filing requirements.
Can the petitioner swear the affidavit?
Yes, where the petitioner has personal knowledge of the relevant facts and is competent to make the necessary statements. In other circumstances, another appropriate deponent may be required.
Can an advocate swear the affidavit for the client?
The person with knowledge of the relevant facts will ordinarily be the appropriate deponent, subject to the circumstances of the case. An advocate should not simply make factual assertions on behalf of a client without an appropriate factual basis.
What happens if an affidavit contains a false statement?
Knowingly making a false statement in an affidavit can have serious legal consequences. A person should therefore make only truthful statements and clearly distinguish personal knowledge from information or belief.
Is the sample affidavit above mandatory?
No. It is a general drafting example, not a mandatory form for every proceeding before the Punjab and Haryana High Court. The exact form and contents should be adapted to the specific case and current procedural requirements.
Conclusion
An affidavit is more than a formal page attached to a court application. It is a formal affirmation of the factual statements made by the deponent. When preparing an affidavit for filing before the Punjab and Haryana High Court, the most important principles are accuracy, clarity, consistency, proper verification, and compliance with the applicable filing requirements. A good affidavit should explain the relevant facts without unnecessary arguments, accurately identify the source of the deponent's knowledge, and contain proper verification and attestation. Most importantly, a sample format should never be copied blindly. The case number, dates, parties, facts, application details, and verification must be customized to the actual proceeding before the affidavit is signed and filed.
Sample Affidavit Format
Below is a standard format that can be adapted according to the nature of the application.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No. ________ of 20__
In
CWP No. ________ of 20__
Sunil
...PetitionerVersus
State of Haryana & Others
...RespondentsAFFIDAVIT
I, ____________________, son of ____________________, aged about _____ years, resident of ____________________________, do hereby solemnly affirm and state as under:
That I am the petitioner in the above-mentioned case and am fully conversant with the facts of the case. Therefore, I am competent to swear this affidavit.
That the accompanying application has been drafted under my instructions, and the contents thereof are true and correct to my knowledge and belief.
That the facts stated in the accompanying application are true and correct to my personal knowledge, and the legal submissions made therein are based upon legal advice, which I believe to be true.
That no similar application seeking the same relief has been filed or is pending before this Hon'ble High Court.
That this affidavit is filed in support of the accompanying application.
DEPONENT
VERIFICATION
Verified that the contents of this affidavit are true and correct to my knowledge and belief. Nothing material has been concealed, and no part thereof is false.
Verified at Chandigarh on this ___ day of ________, 20.
DEPONENT
EXAMPLE AFFIDAVIT: -
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM............ of
2026
|
SUNIL ……. Petitioner
Versus
STATE OF HARYANA & Ors. ……Respondents
AFFIDAVIT
I................................S/o.................................aged, years Resi/of................................ does hereby solemnly affirm and
declare as under: -
1. I am the petitioner in above matter and such
acquainted with the facts of the case.
2. That the accompanying application for………….application (Page……….), has drafted by me which is
very true to my knowledge.
3. I say that the facts stated in accompanying
application are true to my personal knowledge and the submissions which I
believe to be true.
4. That the deponent has not filed any similar ……………... application in the Registry of this Hon’ble High court.
CHANDIGARH DEPONENT
Dated: ……/.... /2026
VERIFICATION
I, the deponent above named, do so solemnly affirm
and declare that the contents of the fore-going affidavit are true to my
knowledge and no part of it is false and nothing material has been concealed.
CHANDIGARH DEPONENT
Dated: ……/.... /2026
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