Affidavit in Special Leave Petition (Civil): Supreme Court Format & Draft

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Affidavit in SLP Civil with Supreme Court format and drafting guide

An Affidavit is one of the most important documents accompanying a Special Leave Petition (SLP) under Article 136 of the Constitution of India. It is a sworn declaration by the petitioner confirming that the facts stated in the petition are true and correct to the best of their knowledge and belief.

Without a properly verified affidavit, the petition may suffer from procedural defects, resulting in objections from the Registry of the Supreme Court.

If you are appearing as a Petitioner-in-Person, understanding the purpose and format of an affidavit is essential.

What Is an Affidavit?

An affidavit is a written statement made under oath or solemn affirmation. By signing the affidavit, the petitioner confirms that:

  • The facts mentioned in the petition are true.

  • The annexed documents are genuine copies.

  • No material facts have been concealed.

  • The petition is filed in good faith.

The affidavit gives authenticity and credibility to the pleadings filed before the Court.

Legal Basis

An affidavit accompanying a Special Leave Petition is generally filed in accordance with:

  • Article 136 of the Constitution of India

  • Supreme Court Rules, 2013 (as amended)

  • Relevant provisions relating to affidavits and verification contained in the Rules and Practice Directions issued by the Supreme Court of India.

Purpose of an Affidavit in an SLP

The affidavit serves several important purposes:

  • Confirms the truthfulness of the facts pleaded.

  • Authenticates the documents annexed with the petition.

  • Demonstrates that the petitioner has personally verified the contents.

  • Helps prevent false or misleading pleadings.

  • Assists the Court in relying upon the factual statements made in the petition.

Contents of an Affidavit

A standard affidavit generally contains:

1. Particulars of the Deponent

The affidavit begins with the petitioners:

  • Name

  • Father's name

  • Age

  • Residential address

2. Statement of Competence

The deponent states that:

  • He or she is the petitioner.

  • Is fully acquainted with the facts of the case.

  • Is competent to swear the affidavit.

3. Verification of Facts

The petitioner declares that:

  • Facts based on personal knowledge are true.

  • Statements based on records are believed to be true.

  • Legal submissions are based upon legal advice received.

4. Previous Litigation

Normally, the affidavit confirms whether:

  • Any earlier SLP has been filed.

  • Similar relief has been sought previously before the Supreme Court.

This declaration prevents multiple proceedings on the same cause.

5. Verification of Annexures

The affidavit confirms that:

  • Annexures attached with the petition are true copies of their respective originals.

This gives evidentiary value to the accompanying documents.

6. Verification Clause

The affidavit concludes with a verification stating that:

  • The contents are true.

  • Nothing material has been concealed.

  • No statement is false.

The deponent then signs the affidavit before the competent authority.

Important Drafting Tips

While preparing an affidavit:

  • Use clear and simple language.

  • Mention only facts within your knowledge.

  • Avoid unnecessary arguments.

  • Ensure all page numbers and annexure numbers are correct.

  • Verify every factual statement before signing.

  • Keep the affidavit consistent with the pleadings in the SLP.

Common Mistakes to Avoid

Many petitioners make avoidable mistakes such as:

  • Incorrect page references.

  • Wrong annexure numbering.

  • Contradictory statements.

  • Concealing material facts.

  • Filing unsigned or improperly verified affidavits.

  • Mentioning facts that are not supported by the record.

Such errors may lead to Registry objections and delay the listing of the matter.

Can a Petitioner-in-Person File an Affidavit?

Yes.

A petitioner appearing without an advocate may file the affidavit personally, provided it is duly affirmed before an authorized Oath Commissioner, Notary Public, or other competent authority, as required under the applicable rules.

Practical Checklist Before Filing

Before submitting your Special Leave Petition, ensure that:

  • Your name and address are correctly mentioned.

  • All facts have been verified.

  • Annexures are properly numbered.

  • Page references are accurate.

  • Verification clause is complete.

  • Date and place of verification are correctly mentioned.

  • The affidavit has been duly signed and affirmed.

Frequently Asked Questions (FAQs)

Is an affidavit mandatory in every SLP?

Yes. The petition is ordinarily required to be supported by an affidavit verifying the facts stated therein.

Can incorrect facts in an affidavit have legal consequences?

Yes. Filing a false affidavit may expose the deponent to legal consequences, including proceedings for perjury or contempt, depending on the facts and applicable law.

Can legal arguments be verified?

Legal submissions are generally stated to be based on legal advice received and believed to be true, while factual assertions are verified based on personal knowledge or the record.

Conclusion

An affidavit is much more than a procedural formality—it is the petitioner's solemn assurance to the Supreme Court that the facts placed before it is true and accurate. A carefully drafted affidavit enhances the credibility of the Special Leave Petition, reduces procedural objections, and reflects the petitioner's diligence.

For litigants appearing as Petitioner-in-Person, preparing a clear, accurate, and properly verified affidavit is an essential step toward effective presentation of their case before the Supreme Court of India.

Disclaimer: This article is intended solely for educational and informational purposes. It does not constitute legal advice. Court procedures and filing requirements may change over time, and readers should refer to the latest Supreme Court Rules, Practice Directions, and applicable laws or seek professional legal advice where necessary.


SUPREME COURT OF INDIA

[Order XXI Rule 3(1)(a)]

CIVIL APPELLATE JURISDICTION

Special Leave Petition (Civil) No. ________ of ..............

IN THE MATTER OF: -

Sunil                                                                                                              …PETITIONER

                                                  VERSUS

State of Haryana and others                                                                      …RESPONDENTS

AFFIDAVIT OF FACTS

I, .................... S/o Late Sh. .................., aged about … years R/o H. No. ..............., ....................., do 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 facts stated in the Special Leave Petition accompanying petition are true to my knowledge and rest are on the information derived from the papers of the case and believed to be true.

3.               That no SLP has been filed in the above matter earlier by me in Hon’ble Supreme Court of India against the impugned judgment & order. Decree for similar relief.

4.               The facts stated in the accompanying I. A's, Page No. (....... to .......) with Special Leave Petition with their annexures are true and correct to my knowledge derived from the record of the case and my personal knowledge.

5.               I say that the facts stated in Synopsis and List of Dates in Page No. (.......to .......) and SLP (Civil) Page No. (....... to .......) are true to my personal knowledge and the submissions made therein are based on legal advice which I received and believe to be true.   

6.               That the Appendix (.......) Annexures (P-....... to P-.......) on Page No. ....... to ....... are being enclosed with the Petition are true copies of their respective originals.

              DEPONENT

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.

               Verified at…….… on this ..............

 DEPONENT

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