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The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.


6. Format and guidelines of affidavit of evidence.

An affidavit must comply with the form and requirements set forth below:—

a.     such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with;

b.    where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party’s case, the Court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper;

c.     each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject;

d.    an affidavit shall state—

              i.        which of the statements in it are made from the deponent’s own knowledge and which are matters of information or belief; and

             ii.        the source for any matters of information or belief;

e.     an affidavit should—

              i.        have the pages numbered consecutively as a separate document (or as one of several documents contained in a file);

             ii.        be divided into numbered paragraphs;

            iii.        have all numbers, including dates, expressed in figures; and

            iv.        if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexures and page numbers of such documents that are relied upon.”.



The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. Back




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