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1956 Supreme(Cal) 186

HIGH COURT OF CALCUTTA
P. N. MUKHERJEE, RENUPADA MUKHERJEE
RAJ KUMAR DHAR - Appellant
Versus
COLONEL A. STUART LEWIS - Respondent
Civil Rule 684  Of  1956
Decided On : DECEMBER 19, 1956

Advocates Appeared:
Amarnath Roy Chowdhury, ATUL CHANDRA GUPTA, RAM MOHAN

Verification of pleadings under Order VI Rule 15 of the Code of Civil Procedure requires proof of the verifier's acquaintance with the facts of the case, especially when the competency of the agent verifying is challenged. Personal verification by the party is necessary to ensure responsibility and prevent false pleadings.

Headnote:

CIVIL PROCEDURE CODE - ORDER VI RULE 15 - VERIFICATION OF PLEADINGS - AGENT VERIFICATION - REQUIREMENT OF PROOF OF ACQUAINTANCE WITH FACTS OF THE CASE - PERSONAL VERIFICATION BY PARTY REQUIRED WHERE COMPETENCY OF AGENT CHALLENGED.

Fact of the Case:

The plaintiff, Colonel A. Stuart Lewis, filed a suit through his agent, V. G. Pai, who signed the Vakalatnama, plaint, and verification on his behalf under a power of attorney. The defendants objected to the verification by Pai, arguing that it did not satisfy Order VI Rule 15 of the Code of Civil Procedure, which requires verification by the party or someone proved to be acquainted with the facts of the case.

Finding of the Court:

The court held that the power of attorney alone was insufficient to establish Pai's acquaintance with the facts of the case and that the verification by him was defective. It emphasized the importance of verification to fix responsibility on the party verifying and prevent false pleadings, requiring proof of the verifier's competency when challenged.

Issues: 1. Whether a power of attorney alone is sufficient to authorize an agent to verify a plaint under Order VI Rule 15 of the Code of Civil Procedure. 2. Whether personal verification by the party is required where the competency of the agent verifying is challenged.

Ratio Decidendi: The court interpreted Order VI Rule 15 strictly, holding that verification by an agent must be justified under the latter part of the rule, which requires proof of the verifier's acquaintance with the facts of the case. It emphasized the importance of verification as a means to fix responsibility and prevent false pleadings, requiring personal verification by the party when the agent's competency is challenged.

Final Decision: The court allowed the Rule in part, directing the plaintiff to personally verify the plaint in the presence of the Subordinate Judge within four weeks from the date of arrival of records in the court below. The defendants' objection to the alleged defective signing of the Vakalatnama and plaint was dismissed.

P. N. MOOKERJEE J.

( 1 ) THIS Rule raises an important question of procedure. It is directed against an order of the learned Subordinate Judge, Fourth Court, Alipore, dismissing the defendants-petitioners' objection against, inter alia, the verification of the plaint.

( 2 ) THE plaint in the present case appears to contain serious allegations of fraud, falsification of accounts, culpable negligence, etc. , against the defendants. The plaintiff is one Colonel A. Stuart Lewis. The suit was instituted on his behalf by one V. G. Pai who professed to be acting under a power of attorney given by the plaintiff, and, on the strength of that power of attorney, he executed the Vakalatnama, signed the plaint and also signed the verification of the plaint on behalf of the plaintiff. The defendants-petitioners objected and the learned Subordinate Judge, upon the view that the power of attorney simpliciter was sufficient to entitle Pai to sign the Vakalatnama, the plaint and also the verification, dismissed the defendants objections. Against that order, the present Rule was obtained by the petitioner.

( 3 ) BEFORE us, Mr. Gupta, who appears for the defendants-petitioners, has frankly conceded that, so far as the signing of the Vakalatnama and also of the plaint is concerned, the power of attorney might be sufficient authority for Pai under the law, in view of Order III Rules 1 and 2 and Order VI Rule 14 of the Code and he did not propose to challenge the order of the learned Subordinate Judge so far as those two matters were concerned. Mr. Gupta, however, took serious exception to the order of the learned Subordinate Judge so far as it accepted the verification by Pal in the present case and rejected the defendants' objections to the same. Mr Gupta contended that under Order VI Rule 15 of the Code of Civil Procedure which governs verification of pleadings, the verification has to be made either 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". The power of attorney, relied upon by the learned Subordinate Judge," merely authorised Pai to sign verifications of pleadings on behalf of the plaintiff Colonel A. Stuart Lewis, 'the party' however, in the rule, quoted above, means, in our opinion, 'the party personally' and whenever the verification is sought to be made by an agent either under a power of attorney or under some other document or by somebody on behalf of another, that verification must be justified under the latter part of the rule, namely, that the person verifying must be 'proved to the satisfaction of the court to be acquainted with the facts of the case'. Verification of pleadings is an important matter which may have very serious consequences, as in case of false verification, the person verifying may be liable to criminal prosecution. The object of verification, as it has been pointed out in decisions of courts, is to fix responsibility on the party verifying and to prevent false pleadings, being recklessly filed or false allegations being recklessly made. It must have some sanctity and for that purpose the rule makes provision by insisting upon the competency of the person verifying where he is somebody other than the actual party concerned by requiring him to prove to the satisfaction of the court his acquaintance with the facts of the case. This is all the more imperative where the competency of the person verifying is challenged by the other side.

( 4 ) IN the present case, therefore, particularly after objection by the defendants, there were prima facie two courses open to the plaintiff, namely, (i) to verify the plaint himself, or (ii) to place proper materials before the court for satisfying it that Pai who had actually signed the verification was acquainted with the facts of the case. We find, however, that the only thing that was put on the record for this purpose was the power of attorney. That was wholly ins




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