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What is Counter Affidavit? Counter affidavit is an affidavit filed by the respondent in reply to a petition. Respondent files reply to the petition in the form of affidavit. In most of the Writ Petitions, reply is being filed in the form of Counter Affidavit.
A false affidavit is similar to false statements. Rule 3 of order 19 of Code of Civil Procedure, 1908 states that an affidavit shall be confined to only such facts as the deponent is able of his knowledge, and he can prove it. Making false statements has grave consequences.
COUNTER AFFIDAVIT OF BEHALF OF RESPONDENT NO. , do hereby solemnly state and affirm as under; 1. That I am Respondent No. 1 in the abovementioned Special Leave Appeal and being familiar with the facts and circumstances of the case, hence am competent to swear this Affidavit.
In essence verification is required to enable the Court to find out as to whether it will be safe to act on such affidavit evidence. In the present case, the affidavits of all the parties suffer from the mischief of lack of proper verification with the result that the affidavits should not be admissible in evidence.
Format of Counter Affidavit to SLP is:IN THE SUPREME COURT OF INDIA.COUNTER AFFIDAVIT OF BEHALF OF RESPONDENT NO.PRELIMINARY SUBMISSIONS.REPLY ON MERITS.A.D.The alleged question of law under reply framed by the Petitioner is baseless, misconceived and does not arise for consideration by this Hon'ble Court.More items...