Writ of Mandamus
Dr.Mumbiram
(Querist) 11 February 2009
This query is : Resolved
What should be the format and content of an “Affidavit of the petitioner duly sworn” that is to accompany a Writ Petition for a Writ of Mandamus.
PALNITKAR V.V.
(Expert) 11 February 2009
It is a simple format. A sample format is given below. The format may differ as per the rules of practice in different High Courts. So please check the rules of the concerned HC.
In the High Court of Judicature at ---
Writ Petition No.---
ABC Petitioner
Vs.
XYZ Respondent.
AFFIDAVIT IN SUPPORT OF THE WRIT PETITION
I,-----S/o-----, Age:--Occup:---R/o state on solemn affirmation as below:-
1. I am the petitioner in the above referred Writ Petition.
2. I have read and understood the contents of the Writ Petition.
3. To avoid repetition I adopt all the contents ofthe Writ Petition for the purposes of this affidavit. I further submit that the contents of Para nos. ---- are true and correct to the best of my knowledge and belief.
4. I submit that all the contents of this affidavit are true and correct to the best of my knowledge and belief.
Hence affirmed this---day of ---2009 at ----
Signature of the Affiant
Identified by:
Advocate
A. A. JOSE
(Expert) 11 February 2009
The format given herein is generally okay with appropriate modifications as required by the respective High Court rules.
Dr.Mumbiram
(Querist) 11 February 2009
Since I have composed and plan to submit the writ petition myself, who will be the advocate mentioned in the affidavit format recommended by Mr. Planitker ? Could it be any other witness ? Or do I need one at all ?
smilingadvocate
(Expert) 11 February 2009
Yes the any advocate who can attest your signature
Dr.Mumbiram
(Querist) 16 February 2009
What kind of stamp-paper should I use for the affidavit to accompany the writ-petition? I have a Rs.50 "India Non-Juducial" stamp-paper available here. Will it be appropriate and adequate ? Can I type on both sides of it ?
PALNITKAR V.V.
(Expert) 16 February 2009
It depends upon the provisions contained in the State law governing Court Fee since the stamp required is judicial i.e. court fee stamp.In Maharashtra, affidavit for the purpose of filing in Court immediately does not require stamp. Check the provisions applicable in your State.
B.B.R.Goud.
(Expert) 10 March 2009
i do agree with learned friends.
