Essential Words for Verifying Written Statements in CPC
In , the authenticity of is paramount. A common question arises: what are the words used for under a written statement? Proper ensures accountability and prevents frivolous claims. This blog explores the legal requirements under the , 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 in ?
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, may be deemed invalid, risking rejection. 2025 0 Supreme(Ker) 2561
The and 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
Under CPC Order VI Rule 15, must meet strict standards. Here's a breakdown:
- Location: Must be at the foot (bottom) of the pleading. 2025 0 Supreme(Ker) 2561
- Verifier: By the party, one of the parties, or a person acquainted with the facts. 2025 0 Supreme(Ker) 2561
- Signature: Signed by the verifier. 2025 0 Supreme(Ker) 2561
- Specificity: Specify, with reference to numbered paragraphs, what is verified on personal knowledge and what on information received and believed to be true. 2025 0 Supreme(Ker) 2561
- Affidavit: Accompanied by an , making it more authentic. 2025 0 Supreme(Ker) 2561
A sample 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 details. The judgment clarifies: the 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 . 2025 0 Supreme(Ker) 2561 This dual requirement enhances responsibility, as a mere list without is invalid.
In commercial disputes, (amended by ) mandates a . However, courts have held this does not apply to arising from , 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 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 would not be fatal under in certain proceedings. 2024 0 Supreme(Cal) 108
- Delay in filing beyond , coupled with missing signatures/, 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 and affidavit is not considered valid. 2025 0 Supreme(Ker) 2561
Another ruling noted: the written statement contains statement deposed in the following manner: I, the ... 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 , 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
discourages irresponsible allegations by pinning accountability. It separates chaff from the grain, ensuring only truthful proceed. 2016 0 Supreme(Bom) 732 Though rooted in civil procedure, parallels exist in criminal complaints, where on oath under is vital for process issuance. 2016 0 Supreme(Bom) 732
In NI Act cases (Section 138), courts read statements with documents, overlooking minor gaps like exact dates if exists. 2010 0 Supreme(Bom) 903
Common Pitfalls and Best Practices
- Avoid generality: Always paragraph-wise verify knowledge vs. belief.
- Timely filing: limits to ; delays need condonation. 2023 0 Supreme(Del) 389
- : 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 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.
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