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Legal Format & Draft

Affidavit for Claiming Privilege for Producing

Reference draft used in Indian courts — replace the blanks with your own case details.

       AFFIDAVIT FOR CLAIMING PRIVILEGE FOR PRODUCING                                                         DOCUMENTS

In the Court of Senior-Sub Judge . ................
Suit No ……………………of 20 ……………
M/s X & Co. ………………………… Plaintiff
v
Union of India and others ………………………… Defendants
Affidavit of ………………………………..………
son of Shri…………………………………………..
aged…………………..years
resident of ........................................................................
I ………………………………………………………..
son of Shri ………………………………………………
aged about ......................years,
do hereby solemnly affirm and state on oath as under:
1 I am the Secretary, Ministry of ……………………………………………… Government of India, New Delhi and as such, in charge of the general superintendence and direction of the affairs and business of the said department. A summons dated has been served on Shri.............................Director,
Department of ........................Ministry of…………………….Government of India at New Delhi for production of the file containing the correspondence and related papers for the award of contract for defence installation at to M/s.
2. I say that I have carefully gone through the said file.
3. I say that the said file listed in the summons pertains to affairs of state and for the reasons hereinafter set out its disclosure will lead to public injury.
4. I say that the file containing the correspondence and related papers for the award of contract for defence installation at contains top secret information and drawings of defence installation, the production of which will endanger the security and defence of the country. I further say that it is imperative that such material relating to the defence installation is not published or disclosed, otherwise the security or defence of the country will be endangered.
5. I say that none of the above record summoned by the court under my control nor any part thereof, has been published in any manner by the Government of India.
6. I say that the Government of India is claiming privilege under section 123, Indian Evidence Act and therefore, I withhold permission, to produce the documents referred to in this affidavit or give any evidence derived therefrom.
Deponent Verification
I ……………………………………. the above named, do hereby verify that the contents of paragraphs 1 to 5 of this affidavit are true to my personal knowledge, that the contents of paragraph 6 are my submissions to this Honourable Court.
Verified at……………………. this……………………..day of……………
Signature
Date .....................


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 Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these 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.

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