Plaint

Question 1

06

Answer 1

06R15. Verification of pleadings.—(1) Save as otherwise provided by any law for the time being in force,
every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other
person proved to the satisfaction of the Court to be acquainted with the facts of the case.
(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he
verifies of his own knowledge and what he verifies upon information received and believed to be true.
(3) The verification shall be signed by the person making it and shall state the date on which and the place
at which it was signed.
(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.

Bhikaji keshav joshi v brijlal nandlal 1955 SC “there may be cases where the date of the pleading and the verification may be relevant and important, it would be a wrong exercise of discretionary power to dismiss an application on the sole ground of absence of date of verification. In such a case the applicants should normally be called upon to remove the lacuna by adding a supplementary verification indicating the date of the original verification and the reason for the earlier omission.”

Question 2

ORDER IV

Answer 2

ORDER IV Institution of suits
Rule 1 requires
1. Plaint shall be filed in duplicate
2. before Proper officer and
3. in compliance with order 6 and 7
In case has not been done the plaint Will not be said to be duly instituted and the court may be rejected under order 7 rule 11 however the court does not out rightly reject the plane rather it will give the plaintive time to rectify the mistake.

Rule 1. Suit to be commenced by plaint.—(1) Every suit shall be instituted by presenting 3 plaint in duplicate to the Court or such officer as it appoints in this behalf.
(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are
applicable.
(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements
specified in sub-rules (1) and (2)

Question 3

Order 7

Answer 3

R14. Production of document on which plaintiff sues or relies.—(1) Where a plaintiff sues upon a
document or relies upon document in his possession or power in support of his claim, he shall enter such
documents in a list, and shall produce it in Court when the plaint is presented by him and shall, at the
same time deliver the document and a copy thereof, to be filed with the plaint.
(2) Where any such document is not in the possession of plaintiff, he shall, wherever possible, state in whose possession or power it is.
5
(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
(4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiffs
witnesses, or handed over to a witness merely to refresh his memory.

Question 4

S26

Answer 4

INSTITUTION OF SUITS

A suit is a set of entire proceeding which take place from date of filing plant till date of final judgement including incidental president after judgement example appeal revision and review they are considered continuation of suit
26. Institution of suits. —
(1) Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

other manner, i.e. petition, hindu marriage act;
applicationindian succession act.

(2) In every plaint, facts shall be proved by affidavit.
These provisions require the plaint to be accompanied by an affidavit as provided inSection 26(2) and the person verifying the pleadings to furnish an affidavit in support of the pleading

The affidavit required to be filed under amended Section 26(2) and Order VI Rule 15(4) of the Code has the effect of fixing additional responsibility on the deponent as to the truth of the facts stated in the pleadings. It is, however, made clear that such an affidavit would not be evidence for the purpose of the trial. Salem Advocate Bar Association,Tamil Nadu v union of India

provisions now require the plaint to be accompanied by an affidavit as provided in
Section 26(2) and the person verifying the pleadings to furnish an affidavit in support of the pleading
[Order VI Rule 15(4)]. It was sought to be contended that the requirement of filing an affidavit is illegal
and unnecessary in view of the existing requirement of verification of the pleadings. We are unable to
agree. The affidavit required to be filed under amended Section 26(2) and Order VI Rule 15(4) of the
Code has the effect of fixing additional responsibility on the deponent as to the truth of the facts stated
in the pleadings. It is, however, made clear that such an affidavit would not be evidence for the purpose
of the trial. Further, on amendment of the pleadings, a fresh affidavit shall have to be filed in
consonance thereof.