Affidavit for condonation of delay
The affidavit that goes with an application to excuse a late filing.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
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Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Civil Judge (Junior Division), Amarnagar
Civil Suit No. 412 of 2025
Versus
AFFIDAVIT IN SUPPORT OF THE APPLICATION FOR CONDONATION OF DELAY
I, Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab, do hereby solemnly affirm and declare as under:
1.That there is a delay of 23 days in filing the appeal against the judgment dated 02-06-2026.
2.That the delay was caused as follows: I was admitted to Civil Hospital, Amarnagar from 20-06-2026 to 10-07-2026 for surgery and was advised rest till 25-07-2026.
3.That the delay is neither intentional nor due to negligence, and I have a good case on merits; I pray that the delay be condoned under Section 5 of the Limitation Act, 1963.
DEPONENT
VERIFICATION: Verified at Amarnagar on this 12th day of October 2026 that the contents of paragraphs 1 to 3 of the above affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therein.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Aadhaar card or another photo identity proof (photocopy; the original to show)
- Proof of each reason, with dates: medical certificates and hospital papers, a death certificate, or travel or service records
- For an appeal, the copying-agency receipt and the date the certified copy was ready
- The application it supports: see "Application for condonation of delay (s.5 Limitation Act)"
Where to go
Sworn before the Oath Commissioner at the court complex and filed by your advocate with the condonation application and the late appeal or application.
Fee
An affidavit made only to be filed in a court is usually free of stamp duty, and no court fee is needed unless the court-fee counter says so; the Oath Commissioner's fee is paid at the counter. Ask there for today's amounts.
Good to know
- Explain the delay day by day, with dates: the court looks for a sufficient cause shown in good faith.
- Section 5 covers appeals and applications, not suits: a suit filed after its time limit cannot be saved this way.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Punjab: affidavits are usually typed on e-stamp paper (buy it at an authorised e-stamp centre; check the current duty there) and sworn before an Oath Commissioner or Notary. Many state services now accept a self-declaration instead.
Haryana: use e-stamp paper (egrashry / authorised vendors; check the current duty) and swear before an Oath Commissioner or Notary.
Chandigarh: e-stamp paper from an authorised centre (check the current duty); sworn before an Oath Commissioner or Notary.