Affidavit with the Application for Service: Sample Format
Reference draft used in Indian courts — replace the blanks with your own case details.
Suit No ……………………..of …………………..
A ....................... Plaintiff
v
B ...................... Defendant
Affidavit of A, son of……………………….aged about ………………….years resident of
………………….
I, A son of………………………..…………..aged about…………………………years, resident of .............................................................................................take oath and state as under:
1 . That I am the plaintiff in the abovementioned suit and as such am fully acquainted with the facts deposed to below.
2. That the summons in this suit have been issued to defendant B at his residence at and were returned unserved with the report that the defendant had gone to his native place ......................
3 That when the summons were taken out again on ……………… was returned with the report of the Court's summons server that the defendant is not available and the summons were affixed on the door of his house.
4. That the defendant Shri…………………..is intentionally avoiding service of the
summons to harass the plaintiff.
5. That in the interests of justice, it is necessary that the summons be served by registered post, and if the court deems necessary that the service of the summons be also effected through the newspapers, the plaintiff is ready to defray the expenses for the service of summons by post and/or by advertisement in the newspaper.
I, A, the above named deponent do hereby verify that the contents of paras 1 to 5 of this affidavit are true to my knowledge and nothing material has been concealed and no part of it is false. So help me God.
Verified at……………………….on this……………………..day of …………………
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
Our Criminal Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our criminal defence team handles bail, trial and pre-trial applications in Kolkata courts.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.