Code of Civil Procedure, 1908 | Order XIX - Affidavits

Order XIX Rule 3 CPC: Matters to Which Affidavits Shall Be Confined

Order 19 Rule 3 of the Code of Civil Procedure, 1908 (CPC), determines what an affidavit may properly contain. It generally requires statements based on the deponent's personal knowledge, permits a limited exception for interlocutory applications and addresses the costs of unnecessarily including irrelevant material.

Text of Order XIX Rule 3 CPC

Rule 3 - Matters to which affidavits shall be confined

(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted: provided that the grounds thereof are stated.

(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party filing the same.

Source: Official Code of Civil Procedure, 1908 (India Code PDF).

Meaning and scope of Rule 3

Rule 3(1): Facts within personal knowledge

A deponent is the person who makes and swears or affirms an affidavit. Ordinarily, the affidavit must state facts the deponent personally knows and could prove. A statement such as "I attended the meeting on 10 June and received the letter" is different from an unsupported statement about what someone else allegedly did.

Exception for interlocutory applications

An interlocutory application seeks an order during the pendency of proceedings, rather than final determination of the suit. In such applications, statements based on belief may be admitted, but the affidavit must disclose the grounds for that belief. Where information comes from another person or a record, identifying the source and explaining the basis helps the court evaluate the statement.

Rule 3(2): Hearsay, arguments and unnecessary extracts

Hearsay generally refers to information about an event that the deponent did not personally perceive and instead learned from another source. Argumentative matter consists of submissions or conclusions rather than factual testimony. Under Rule 3(2), the party filing an affidavit that unnecessarily contains such material, or copies or extracts from documents, ordinarily bears its costs unless the court directs otherwise.

Practical guidance for drafting an affidavit

State relevant facts clearly, preferably in separate numbered paragraphs.
Distinguish direct personal knowledge from information and belief, where such statements are permissible.
For interlocutory applications, identify the grounds and sources supporting statements of belief.
Avoid legal arguments, speculation, unnecessary repetition and extensive document extracts in factual paragraphs.
Identify supporting documents accurately and comply with applicable court rules concerning annexures, attestation and verification.

Order XIX Rule 1 empowers a court, for sufficient reason and subject to its conditions, to permit proof of particular facts by affidavit. Its proviso protects a bona fide request for cross-examination where the witness can be produced. Order XIX Rule 2 allows the court to direct attendance of a deponent for cross-examination in connection with an application. These provisions should be read together with Rule 3.

Order XVIII Rule 4 separately addresses recording examination-in-chief by affidavit in civil suits. Its procedural setting should not be confused with Order XIX Rule 3.

Important qualification: Additional rules concerning control of evidence, redaction and affidavit format may apply in commercial disputes and under applicable state or High Court amendments. Check the governing rules for the court and proceeding concerned. The official CPC text includes relevant amendment notes.

Relationship with the Bharatiya Sakshya Adhiniyam, 2023

Section 1(2) of the Bharatiya Sakshya Adhiniyam, 2023 expressly excludes affidavits presented to a court or officer from its general application. Affidavits in civil proceedings therefore remain subject to the applicable CPC provisions and procedural rules. This exclusion does not mean that every statement in an affidavit must be accepted by a court.

Official source: Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).

Frequently asked questions

Can an affidavit contain facts based on information or belief?

Ordinarily, Order XIX Rule 3 requires personal knowledge. On interlocutory applications, statements of belief may be admitted if their grounds are stated.

Can a party put legal arguments in an affidavit?

Affidavits should primarily set out relevant facts. Unnecessary argumentative material can attract the costs consequence stated in Rule 3(2).

Can a deponent be cross-examined?

Yes. Order XIX Rule 2 permits the court, at a party's instance, to direct the deponent's attendance for cross-examination, subject to the rule's terms.

Updated: 13 October 2026. This article provides general legal information, not advice for a particular case.