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Affidavit Of Non Service for Pakistan

Affidavit Of Non Service Template for Pakistan

An Affidavit of Non Service is a formal legal document used in Pakistan's legal system that officially declares and documents unsuccessful attempts to serve legal papers or documents to an intended recipient. This sworn statement, executed under oath before a competent authority such as a Notary Public or Oath Commissioner, details the reasonable attempts made to serve documents and explains why service could not be completed. The document must comply with Pakistan's Oaths Act, 1873, and related civil procedure rules, requiring specific details about service attempts, dates, locations, and reasons for failure of service.

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Affidavit Of Non Service

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What is a Affidavit Of Non Service?

An Affidavit of Non Service is a crucial legal document utilized in Pakistan when attempts to serve legal documents to a party have been unsuccessful. This affidavit serves as official testimony documenting all reasonable attempts made to serve documents and the circumstances preventing successful service. The document must be prepared in accordance with Pakistani law, particularly the Oaths Act, 1873, and relevant civil procedure rules. It is commonly used in civil proceedings, commercial disputes, and other legal matters where service of documents is required but cannot be completed. The affidavit must include specific details such as dates, times, and locations of attempted service, reasons for non-service, and must be sworn before an authorized official such as a Notary Public or Oath Commissioner. This document is essential for courts to proceed with cases where traditional service methods have failed and alternative service methods may need to be considered.

What sections should be included in a Affidavit Of Non Service?

1. Title and Jurisdiction: Specifies the type of affidavit and the court/jurisdiction where it will be filed

2. Affiant Information: Details of the person making the affidavit, including name, occupation, and address

3. Document Information: Details of the original document(s) that were to be served, including case numbers and parties involved

4. Service Attempts: Chronological listing of all attempts made to serve the document, including dates, times, and locations

5. Reasons for Non-Service: Detailed explanation of why service could not be completed (e.g., wrong address, person moved, premises vacant)

6. Verification: Standard verification clause stating that the contents are true and correct to the best of the affiant's knowledge

7. Attestation: Space for notary's or oath commissioner's signature, stamp, and date

What sections are optional to include in a Affidavit Of Non Service?

1. Additional Witness Statement: Include when there were witnesses present during attempted service who can corroborate the failed attempts

2. Alternative Service Attempts: Include when alternative methods of service were attempted (e.g., registered mail, publication)

3. Supporting Documentation Reference: Include when there are attached documents proving attempts at service (photos, returned mail, etc.)

4. Local Authority Confirmation: Include when local authorities (e.g., police, union council) were contacted to verify address or whereabouts

What schedules should be included in a Affidavit Of Non Service?

1. Service Attempt Log: Detailed log showing all attempts with specific dates, times, and observations

2. Photographs: Photos of locations where service was attempted, if applicable

3. Returned Mail Records: Copies of returned registered mail or courier attempts, if applicable

4. Area Map: Map marking the location(s) where service was attempted, if relevant to explaining the non-service

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Pakistan

Document Type

Affidavit

Cost

Free to use
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