Civil Procedure / Commercial Disputes

Order XIX Rule 6 CPC - Format and Guidelines of Affidavit of Evidence

Order XIX Rule 6 of the Code of Civil Procedure, 1908, as introduced for commercial disputes through the Schedule to the Commercial Courts Act, 2015, sets out how an affidavit of evidence should be prepared, organised and supported by sources and documents.

Scope: Rules 4 to 6 of Order XIX were introduced through the commercial-dispute amendments. They should not be assumed to apply unchanged to every ordinary civil suit. Applicable High Court rules, practice directions and judicial orders must also be checked.

What is an affidavit of evidence?

An affidavit of evidence is a witness's written statement affirmed or sworn for use as evidence in a proceeding. The person making it is the deponent. Examination-in-chief is the stage at which a party presents its witness's principal evidence; in civil proceedings, Order XVIII Rule 4 generally provides for examination-in-chief by affidavit, subject to applicable rules.

Order XIX Rule 6 - Legal requirements explained

Rule 6(a) - Relevant events in chronological order

The affidavit should be confined to dates and events relevant to proving a fact or matter in issue and should follow their chronological sequence. Avoid unrelated background and present the events in a clear time order.

Rule 6(b) - Do not merely repeat pleadings or argue the case

If an affidavit simply reproduces the pleadings or sets out legal grounds of a party's case, the court may order that the affidavit, or the offending portions, be struck out. The affidavit should provide the witness's evidence rather than substitute for written legal submissions.

Rule 6(c) - Separate subjects into paragraphs

As far as possible, each paragraph should deal with a distinct part of the subject. This helps the court and the opposing party identify precisely which factual statement is being made.

Rule 6(d) - Identify personal knowledge and information or belief

The affidavit must distinguish statements based on the deponent's own knowledge from statements based on information or belief. Where information or belief is relied upon, its source must be disclosed. A statement that a witness personally observed an event is different from a statement learned from records or another person.

Rule 6(e) - Page numbering, paragraph numbering and annexures

The affidavit should have consecutively numbered pages and numbered paragraphs. Numbers, including dates, should appear in figures. If documents mentioned in the affidavit are annexed to it or to other pleadings, the affidavit should identify the relevant annexure and page numbers of the documents relied upon.

Practical drafting checklist

Identify the case, witness and purpose of the affidavit.
Arrange material facts and events in chronological order.
Remove arguments, unnecessary legal conclusions and copied pleadings.
Use separate numbered paragraphs for distinct facts.
State whether each relevant assertion is based on personal knowledge or information or belief, identifying the source where required.
Number all pages consecutively and express dates and other numbers in figures.
Cross-reference each relied-upon annexure and its page number.
Check the applicable court's filing, attestation and procedural directions before submission.

Order XIX Rule 3: addresses matters to which affidavits are confined, including knowledge and permitted statements of belief. Order XIX Rule 4: empowers the commercial court to regulate evidence and, for recorded reasons, exclude evidence. Order XIX Rule 5: permits the court, for recorded reasons, to redact portions of an examination-in-chief affidavit or return or reject an affidavit that does not constitute admissible evidence.

Order XVIII Rule 4: deals with recording examination-in-chief by affidavit. The commercial-dispute amendments add specific provisions on filing witnesses' affidavits, additional evidence and withdrawal before cross-examination. Order XV-A: provides for case management hearings, including directions concerning witness evidence and filing dates.

What happens if the affidavit does not comply?

Under Rule 6(b), a court may strike out an affidavit or parts of it where it merely reproduces pleadings or includes legal grounds. Depending on the defect and applicable powers, the court may also exercise its powers under Rules 4 and 5 and other procedural provisions. Compliance with the required format does not itself make every statement admissible; the rules of evidence and relevant court directions remain important.

Official legal sources

Read the Commercial Courts Act, 2015 (India Code, official PDF), particularly the Schedule, paragraph 10 (amendment of Order XIX), and the India Code legislative database for the governing statutory texts and amendments.

Updated: 13 October 2026. This article provides general legal information and does not replace advice tailored to a particular proceeding.