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Verification Standards for Written Statements under CPC Order VI Rule 15

Essential Words for Verifying Written Statements in CPC

In civil litigation, the authenticity of pleadings is paramount. A common question arises: what are the words used for verification under a written statement? Proper verification ensures accountability and prevents frivolous claims. This blog explores the legal requirements under the Code of Civil Procedure (CPC), 1908, particularly Order VI Rule 15, drawing from key judgments and practical insights. While this provides general guidance, consult a legal professional for case-specific advice.

What is Verification in Pleadings?

Verification is a solemn declaration at the end of a pleading, like a written statement, affirming its truthfulness. It fixes responsibility on the verifier, typically the party or someone acquainted with the facts. Without it, pleadings may be deemed invalid, risking rejection. 2025 0 Supreme(Ker) 2561

The Supreme Court and High Courts emphasize that every pleading shall be verified at the foot by the party or by one of the parties or some other person acquainted with the facts of the case, and that it shall be signed by the person making it. 2025 0 Supreme(Ker) 2561 This underscores the need for precise language and placement.

Key Requirements for Verification

Under CPC Order VI Rule 15, verification must meet strict standards. Here's a breakdown:

A sample verification might read: Verified at place on this date day of month, year. I, name, the above-named defendant, do hereby verify that the contents of paras 1 to X are true to my personal knowledge, and paras Y to Z are based on information received and believed to be true. This must be signed and supported by an affidavit. 2025 0 Supreme(Ker) 2561

Failure to comply can render the pleading defective, though courts may allow curing in some cases.

Detailed Format and Words Used

The words must explicitly state the verification details. The judgment clarifies: the verification must specify what is verified on the basis of personal knowledge and what on information received. 2025 0 Supreme(Ker) 2561 Vague phrases like true and correct without paragraph-wise distinction may suffice in some contexts but risk scrutiny.

Additionally, the person verifying the pleading shall also furnish an affidavit in support of the pleadings. 2025 0 Supreme(Ker) 2561 This dual requirement enhances responsibility, as a mere list without verification is invalid.

Re Estate of MARGARET WERNHAM

In commercial disputes, Order VI Rule 15-A (amended by Commercial Courts Act, 2015) mandates a Statement of Truth. However, courts have held this does not apply to execution proceedings arising from arbitral awards, distinguishing original suits from executions. 2024 0 Supreme(Cal) 108

Insights from Case Law: When Defects are Curable

Courts often view minor lapses as irregularities, not fatal flaws, promoting justice over technicalities.

  • In one case, the absence of signatures on the written statement as well as the verification clause was considered a mere irregularity and could be rectified. The affidavit was duly signed, allowing the pleading on record. 2023 0 Supreme(Del) 389
  • Similarly, failure to file a Statement of Truth would not be fatal under Order VI Rule 15-A in certain proceedings. 2024 0 Supreme(Cal) 108
  • Delay in filing beyond 90 days, coupled with missing signatures/verification, was condoned as curable. The court quashed rejection orders, directing rectification. 2023 0 Supreme(Del) 389

However, in core plaints or written statements, non-compliance remains risky. A pleading without such verification and affidavit is not considered valid. 2025 0 Supreme(Ker) 2561

Another ruling noted: the written statement contains verification statement deposed in the following manner: I, the Authorized signatory... do hereby verify and state that what have been stated above are true and correct to the best of my knowledge, belief and information. The court deemed this adequate in context. 2020 0 Supreme(AP) 797

In revision petitions, non-filing of truth statement is a curable defect and cannot be construed as fatal. Procedural laws advance justice, not scuttle rights. 2020 0 Supreme(AP) 797

Purpose and Significance

Verification discourages irresponsible allegations by pinning accountability. It separates chaff from the grain, ensuring only truthful pleadings proceed. 2016 0 Supreme(Bom) 732 Though rooted in civil procedure, parallels exist in criminal complaints, where verification on oath under CrPC Section 200 is vital for process issuance. 2016 0 Supreme(Bom) 732

In NI Act cases (Section 138), courts read verification statements with documents, overlooking minor gaps like exact dates if prima facie case exists. 2010 0 Supreme(Bom) 903

Common Pitfalls and Best Practices

  • Avoid generality: Always paragraph-wise verify knowledge vs. belief.
  • Timely filing: Order VIII Rule 1 limits to 30-90 days; delays need condonation. 2023 0 Supreme(Del) 389
  • Authorized signatory: Ensure proper authority, especially for companies. 2020 0 Supreme(AP) 797
  • Affidavit mandatory: Don't skip; it's non-negotiable for validity. 2025 0 Supreme(Ker) 2561

Forfeiture of filing rights is rare, reserved for gross negligence, especially amid COVID delays. 2022 0 Supreme(P&H) 2154

Conclusion and Key Takeaways

The words for verification under a written statement must explicitly state that the pleading is verified at the foot by the party or a person acquainted with the facts, signed by the verifier, specifying personal knowledge or information believed true, and supported by an affidavit. 2025 0 Supreme(Ker) 2561

Key takeaways:- Place at the foot, sign, and specify basis per paragraph.- Attach affidavit for authenticity.- Defects like missing signatures are often curable irregularities. 2023 0 Supreme(Del) 389- Not always fatal, but compliance ensures smooth proceedings.

This framework upholds litigation integrity. For tailored advice, engage a lawyer familiar with your jurisdiction's nuances.

#CPCVerification, #WrittenStatement, #LegalPleadings
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