Affidavit

Oaths Act, 1969; Order XIX Code of Civil Procedure, 1908

A written statement made under oath or solemn affirmation, used as evidence in court proceedings. In DRT proceedings, the evidence is primarily adduced through affidavits-in-chief, with cross-examination conducted on the affidavit. Affidavits are also required for SARFAESI Section 14 CMM/DM applications.

In practice, the affidavit is how evidence actually enters DRT proceedings. Because the tribunal takes evidence chiefly through affidavits-in-chief, with cross-examination conducted on that sworn statement, the quality of the affidavit often decides the strength of a creditor's or borrower's case. Sworn under the Oaths Act, 1969 and framed in line with Order XIX of the Code of Civil Procedure, 1908, the affidavit must state facts within the deponent's knowledge, properly distinguish information and belief, and attach the documents relied upon. Affidavits also support SARFAESI Section 14 applications to the CMM or DM for possession, where the bank's authorised officer must depose to the security interest and default. The consequence of getting it wrong is significant: a vague, hearsay-laden, or improperly verified affidavit can be discredited in cross-examination or rejected, weakening the whole matter. Well-advised parties confirm the deponent's competence and the supporting documents before the affidavit is sworn and filed.