Section 148 Affidavit Template - Free India PDF/Word

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Title: Affidavit in Support of Section 148 Application Format

Need a reliable Affidavit in Support of Section 148 Application Format to seek extension of time from the court? Download our ready-to-use, customizable legal template in PDF or Word format today and save time on drafting.

In legal proceedings under the Code of Civil Procedure (CPC), 1908, Section 148 empowers courts to enlarge the time prescribed for performing any act. An Affidavit in Support of Section 148 Application Format is a crucial document filed alongside the application to justify the delay and request additional time. This affidavit provides sworn testimony on the reasons for the delay, ensuring your application is procedurally sound and persuasive before the court.

Why is it Important?

Time limits in civil litigation are strict, and missing deadlines can jeopardize your case. Courts under Section 148 CPC have discretion to grant extensions, but only upon sufficient cause shown through a supporting affidavit. Using a professionally drafted Affidavit in Support of Section 148 Application Format ensures compliance with judicial expectations, strengthens your plea, and increases approval chances. It's essential for applications involving delays in filing replies, appeals, or other procedural steps, preventing dismissal for default.

Key Elements of the Affidavit in Support of Section 148 Application Format

A well-structured affidavit includes:

Heading and Court Details: Specify the court, case number, parties involved, and application title.
Deponent's Particulars: Full name, address, and relationship to the case.
Facts of the Case: Brief background, including the act delayed and original timeline.
Reasons for Delay: Detailed, honest explanation (e.g., illness, unavoidable circumstances, bona fide mistakes).
No Prejudice to Opposite Party: Affirm that extension won't harm the other side.
Prayer: Specific request for time enlargement.
Verification: Sworn statement confirming truthfulness, with date and signature.

Our legal template incorporates these elements in a clear, concise format, ready for customization.

Who Should Use It?

This format is ideal for:

Litigants in civil suits facing procedural delays.
Advocates representing clients in High Courts or District Courts across India.
Businesses dealing with commercial disputes requiring time extensions.
Individuals in family, property, or tenancy matters under CPC.

Common use cases include extending time for filing written statements, vakalatnamas, or interlocutory applications.

Download Your Customizable Affidavit in Support of Section 148 Application Format Now

Get instant access to our free download option or premium paid versions for advanced customization. Available in PDF/Word format, fully editable to suit your case specifics. Perfect for lawyers, law students, and pro se litigants in India.

Important Note

While this Affidavit in Support of Section 148 Application Format is designed to meet standard court requirements in India, it's a ready-to-use legal template and not a substitute for professional legal advice. Consult a qualified lawyer to tailor it to your unique situation. Explore related templates like Affidavit for Restoration of Application, Section 151 CPC Application Format, or other CPC affidavits for comprehensive legal support.

(Word count: 512)

AFFIDAVIT IN SUPPORT OF SECTION 148 OF THE APPLICATION

AFFIDAVIT IN SUPPORT OF THE APPLICATION

IN THE COURT OF THE MUNSIF....................

Affidavit

Civil Misc. Application No............ of 19....................

Original Suit No..................... of 19....................

A. B................................................................... Plaintiff

versus

C. D............................................................... Defendant

Affidavit of AB S/o XY, aged about.................... years, resident of .................... Calcutta.

I, AB deponent aforementioned solemnly state and affirm as below:

1. That I am the plaintiff in the above noted suit and as such am fully acquainted with the facts deposed to below:

2. That I have been read over and explained the contents of the accompanying misc. application for extention of time and those of this affidavit and have fully understood the same.

3. That the contents of paras 1, 2 and 3 of the accompanying application and those of paras 1 and 2 of this affidavit are true to my personal knowledge, that no part of this affidavit is false and nothing material has been concealed.

Verified this.................... day of.................... 19.................... at

Deponent.

CASE LAW

Section 148

COURT?S POWER IS DISCRETIONARY ? PURPOSE BEHIND THE SECTION.

The power given to the court under Section 148 is discretionary and is given for the purpose of securing the ends of justice in case of necessity. The High Court

would be in error in not adverting to and not exercising its powers under this section and in dismissing the appeal without going to the merit of the matter, where it allowed time to ile certified copy of the order of the court below, but the appellant could file it after seven days after its preparation.1

JURISDICTION TO EXTEND TIME.

Trial Court had jurisdiction to extend the time under Section 148, C.P.C. on sufficient cause being made out. Condition precedent to enable the HIgh Court to exercise its revisional jurisdiction under Section 115, C.P.C. was lacking.2

RESTORATION OF PETITIONS UNDER SECTION 148 CPC.

Section 148 and Order 9

Inssmuch as no period of imitation has been prescribed spearately for applications for restoring petitions under Section 148 of the C.P.C. only Article 137 of limitation Act could be said to apply for which period of limitation provided for, is 3 years.3

APPLICABILITY FOR EXTENDING TIME

Section 148

It is obvious that dismissal of an application in respect of which a petition for restoration cannot be filed, does not bar a fresh application for the relief of enlargement of time.4

1. Shri Joghayan v. Babu Ram and others, A.I.R. 1983 S.C. 57 : (1983) 1 S.C.R. 844 : (1983) S.C.C. 26.

2. Johri Singh v. Sukh Pal Singh, A.I.R. 1989 Supreme Court 2073 : 1989
(3) J.T. 582.

3. T. Krishnaswamy v. Smt. Maniyamma. AIR 2001 AP, 38.

4. T. Krishnaswamy v. Smt. Maniyamma. AIR 2001 AP, 37.

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Important Guidelines

Guidelines for Drafting Affidavit in Support of Stay Application:

Heading and Title: Start with a clear title, "Affidavit in Support of Stay Application," including court details, parties involved, and case number.

Introduction: Provide a concise introduction, outlining the purpose of the stay application and establishing the urgency or necessity for obtaining a stay order.

Factual Narration: Present a detailed and chronological account of the facts leading to the stay application, emphasizing circumstances that necessitate the stay and the potential harm or prejudice that may occur without it.

Grounds for Stay: Clearly state the legal and factual grounds justifying the need for a stay order, focusing on irreparable harm or prejudice that may result without the stay.

Legal Arguments: Support the stay application with relevant legal arguments, citing applicable laws, precedents, or case laws that strengthen the case for granting the stay.

Common Mistakes to Avoid:

Inconsistencies: Ensure consistency in statements and facts presented in the affidavit to maintain credibility.

Emotional Language: Use objective and professional language, avoiding emotional or inflammatory expressions that may undermine the affidavit's credibility.

Overemphasis on Merits: Focus on the need for a stay rather than delving into the merits of the case, as the stay application primarily addresses urgency.

Neglecting Legal Requirements: Familiarize yourself with the legal requirements for a stay application affidavit and adhere strictly to those guidelines.

Failure to Attach Supporting Documents: Include any relevant documents, affidavits, or evidence that substantiate the facts and grounds stated in the affidavit.

This affidavit is commonly used in various legal proceedings, such as civil or criminal cases, where a party seeks a stay order to halt further proceedings temporarily. By following these guidelines and avoiding common mistakes, the affidavit can effectively convey the necessary information and legal arguments to support the stay application.

Frequently asked questions

What is an Affidavit in Support of Section 148 Application?→

This affidavit supports an application under Section 148 of the CPC, 1908, for enlargement of time to perform a court-prescribed act. It includes facts justifying the delay and request for extension in India.

Is this Section 148 affidavit legally valid in Indian courts?→

Yes, it is legally valid across India when drafted correctly, duly sworn before a notary or oath commissioner, and filed with the court application.

Does this affidavit require stamp duty in India?→

Yes, affidavits attract nominal stamp duty under state laws (e.g., ₹10-₹100); affix appropriate stamps before execution and notarization.

In what format can I download this Section 148 affidavit?→

Download in editable Word (.docx) or non-editable PDF format for convenience, suitable for Indian legal proceedings.

Can I customize or edit this affidavit template?→

Yes, the template is fully customizable; modify clauses, insert case-specific details, and personalize for your legal needs in India.

Who should use an Affidavit in Support of Section 148 CPC application?→

Litigants or advocates filing for time extension in civil suits in Indian courts, where sufficient cause for delay is shown.