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Words used for verification in legal documents primarily include verification, verified, and verification clause IND00000014595>IND00000014595, ["Emperor VS Padam Singh - Allahabad"]>["Emperor VS Padam Singh - Allahabad"], ["Hathi Singh VS Bheraram - Rajasthan"]>["Hathi Singh VS Bheraram - Rajasthan"].
The term verification refers to the formal affirmation or attestation that the contents of a statement, inventory, or document are true and correct, often requiring an oath or affirmation before an authorized officer IND00000014155>IND00000014155, ["Emperor VS Padam Singh - Allahabad"]>["Emperor VS Padam Singh - Allahabad"], ["Hathi Singh VS Bheraram - Rajasthan"]>["Hathi Singh VS Bheraram - Rajasthan"].
In the context of written statements and pleadings, verification is a distinct procedural requirement that involves attaching a verification clause or affidavit, which must be sworn before a Justice of the Peace or authorized officer. Its absence is considered a mere irregularity rather than a fatal defect, and such defects can often be rectified subsequently ["KING v. FRANCIS PERERA"]>["KING v. FRANCIS PERERA"], ["BILLION BAY APPARELS (PVT) LTD. VS. CHIEF MINISTER SABARAGAMUWA PROVINCIAL COUNCIL AND OTHERS"]>["BILLION BAY APPARELS (PVT) LTD. VS. CHIEF MINISTER SABARAGAMUWA PROVINCIAL COUNCIL AND OTHERS"], ["Shri Rosario Colaco vs Mrs.Amelia Mariquinha Zuzarte - Bombay"]>["Shri Rosario Colaco vs Mrs.Amelia Mariquinha Zuzarte - Bombay"].
The words verification or verified are used to denote the affirmation that the statement or document is true to the best of the deponent's knowledge or belief, and this verification is essential for the document's admissibility and legal effect IND00000014595>IND00000014595, ["Emperor VS Padam Singh - Allahabad"]>["Emperor VS Padam Singh - Allahabad"].
The legal significance of verification is highlighted in cases where its proper attachment or compliance is necessary for the document to be considered valid evidence; however, defects in verification are often regarded as irregularities that can be rectified rather than incurable defects ["BILLION BAY APPARELS (PVT) LTD. VS. CHIEF MINISTER SABARAGAMUWA PROVINCIAL COUNCIL AND OTHERS"]>["BILLION BAY APPARELS (PVT) LTD. VS. CHIEF MINISTER SABARAGAMUWA PROVINCIAL COUNCIL AND OTHERS"], ["Shri Rosario Colaco vs Mrs.Amelia Mariquinha Zuzarte - Bombay"]>["Shri Rosario Colaco vs Mrs.Amelia Mariquinha Zuzarte - Bombay"].
Analysis and Conclusion:The key words used for verification under a written statement are verification, verified, and verification clause. These terms denote the formal process of affirming the truthfulness of the contents, usually through an oath or affirmation before an authorized officer. While the absence or defect in verification can be considered an irregularity, courts generally treat it as rectifiable rather than fatal, emphasizing the importance of proper verification to ensure the document's legal admissibility and integrity.
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.
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. Babu vs Elsamma Mathew @ Ely Kurchardt, W/o. Kuchardt - 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. Babu vs Elsamma Mathew @ Ely Kurchardt, W/o. Kuchardt - 2025 0 Supreme(Ker) 2561 This underscores the need for precise language and placement.
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. Babu vs Elsamma Mathew @ Ely Kurchardt, W/o. Kuchardt - 2025 0 Supreme(Ker) 2561
Failure to comply can render the pleading defective, though courts may allow curing in some cases.
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. Babu vs Elsamma Mathew @ Ely Kurchardt, W/o. Kuchardt - 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. Babu vs Elsamma Mathew @ Ely Kurchardt, W/o. Kuchardt - 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. Mintech Global Private Limited VS Kesoram Industries Limited - 2024 Supreme(Cal) 108
Courts often view minor lapses as irregularities, not fatal flaws, promoting justice over technicalities.
However, in core plaints or written statements, non-compliance remains risky. A pleading without such verification and affidavit is not considered valid. Babu vs Elsamma Mathew @ Ely Kurchardt, W/o. Kuchardt - 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. Unitech - NCC (JV) VS I. S. N. Raju Infrastructures (P) Limited - 2020 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. Unitech - NCC (JV) VS I. S. N. Raju Infrastructures (P) Limited - 2020 Supreme(AP) 797
Verification discourages irresponsible allegations by pinning accountability. It separates chaff from the grain, ensuring only truthful pleadings proceed. Jagdish VS State of Maharashtra - 2016 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. Jagdish VS State of Maharashtra - 2016 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. Nitesh Jayantilal Jain VS State of Maharashtra - 2010 Supreme(Bom) 903
Forfeiture of filing rights is rare, reserved for gross negligence, especially amid COVID delays. Rupika Sanjeev Grover VS Romesh Chander Mahajan - 2022 Supreme(P&H) 2154
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. Babu vs Elsamma Mathew @ Ely Kurchardt, W/o. Kuchardt - 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. Deep Chand Lunia VS Akhil Garg - 2023 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
AIR 2022 Cal. 18, delivered by this Court also involved a written statement without a Statement of Truth. The plaintiff’s argument in that case was that the written statement without the accompanying Statement of Truth amounted to an incurable defect. ... The Court agreed with the contention of the defendant in holding that the failure to file a Statement of Truth would not be fatal to a plaint or a written statement under Order VI ....
The words written by the accused do not suggest the inference of guilt, but rather the contrary inference. Cur. adv. vult. 21st June, 1906. MIDDLETON J. ... I cannot bring myself to the conclusion that the accused, by supplying a specimen of his handwriting and spelling, made a statement within the meaning of the Evidence Code. By a statement, I understand, some expression of a fact or opinion by means of words, writing or otherwise. ... (iii. ) H, containing one name written ....
the executor is excused from verifying the inventory by oath in open Court, if (he being absent) his proctor submits an inventory to the judge on which is written a verification in the form of an affidavit sworn to before a Justice of the Peace, or other officer having power to administer oaths, then ... The inventory without the verification is a mere list. With the verification it becomes an inventory, and to that inventory must be affixed the stamps required by the Ordinance in an estate of that value; but no other ....
Learned counsel also submits that the failure to append signatures on the written statement as well as the verification is a mere irregularity, which can be rectified. He also submits that the affidavit which accompanied the written statement was duly signed and attested by the defendant. ... Insofar as the absence of signatures of the defendant on written statement as well as verification clause is concerned, the same would be a mere irregularity an....
The words " No statement " would, at first glance, seem to refer back to the words " any statement" in sub-section (1), that is to say the statement or words used by the person orally examined which must by virtue of sub-section (1) be reduced into writing by the police officer or inquirer ... On the other hand, the words " or to refresh the memory of the person recording it " seems, to indicate that " No statement " refers o....
It may be pointed out her that the written statement was filed at the instance of respondents No.1 & 2 under the signatures of their counsel without the same being signed by them and even without any verification to the same. 4. ... In the facts and circumstances, once a discretion has been exercised permitting the respondents to file their written statement under their signatures under due verification, which in fact would further the cause of justice and would also enable the respond....
(2) By reason of section 91 of the Evidence Ordinance only the written record of a statement within the ambit of (1) is admissible in evidence. Hence oral evidence of such a statement is inadmissible. The effect of our finding on this point is to render the words ? ... (3) The written record of such a statement is admissible by virtue of section 122 (3) of Cap. 16 to contradict a witness after such witness has given evidence . . . .?. In this case the written #....
in the course of an investigation cannot be used as evidence; (2) such written records of the statement cannot be used (a) to corroborate the statement of. a witness for the prosecution or (b) to The written record of a statement made to a Police officer in the course of an investigation into an offence cannot be used to corroborate a statement for the defence ! ... There still remains however the question as to how far it is my....
He is bound to attach the verification which is called for by Order 6, Rule 15, and his written statement is not, until that verification is attached, a written statement in law at all and could not be received for any purpose whatever. ... We are unable to attribute any meaning to this statement in view of the actual written statement. ... Whatever may or may not be connoted by the word 'evidence' in other sections, there can be no....
The sole question, therefore, for consideration is whether these instruments fall within the ambit of Art. 1, in other words, whether they were written or signed in order to supply evidence of such debt. ... In this case, the words amounted to giving the figure and the statement was that accounts having been considered the balance due was so much. There was no independent evidence as to the existence of the Debt. ... The Madras High Court distinguished the Bombay case on the ground that there the words ....
10. ISSUE No. 3: In order to adjudicate this issue, it is necessary to refer to Order VI Rule 15-A of C.P.C. according to which written statement needs to be accompanied by truth statement as per Appendix to Schedule to the Commercial Courts Act, 2015. In fact, the written statement contains verification statement deposed in the following manner: “I, the Authorized signatory of the 1st defendant Company do hereby verify and state that what have been stated above are true and correct to the best of my knowledge, belief and information.” In the considered view of this Court, ....
In other words, verification is done in order to ascertain as to what is pleaded by the complainant is true or not. The corollary of this would be that unless offences are disclosed from the statement on oath, no process can be issued only based on averments in the complaint. It is with a view to separate chaff from the grain as many a times complaints do contain unfounded allegations and it is the duty of the Court to ensure that what is stated in the complaint is also stated by the complainant on oath and it is only then that based on such statement that process can be is....
In other words, verification is done in order to ascertain as to what is pleaded by the complainant is true or not. It is with a view to separate chaff from the grain as many a times complaints do contain unfounded allegations and it is the duty of the Court to ensure that what is stated in the complaint is also stated by the complainant on oath and it is only then that based on such statement the process can be issued. The corollary of this would be that unless offences are disclosed from the statement on oath, no process can be issued only based on averments in the compla....
It is with a view to separate chaff from the grain as many a times complaints do contain unfounded allegations and it is the duty of the Court to ensure that what is stated in the complaint is also stated by the complainant on oath and it is only then that based on such statement the process can be issued. In other words, verification is done in order to ascertain as to what is pleaded by the complainant is true or not. The corollary of this would be that unless offences are disclosed from the statement on oath, no process can be issued only based on averments in the compla....
In other words, verification is done in order to ascertain as to what is pleaded by the complainant is true or not. The corollary of this would be that unless offences are disclosed from the statement on oath, no process can be issued only based on averments in the complaint. It is with a view to separate chaff from the grain as many a times complaints do contain unfounded allegations and it is the duty of the Court to ensure that what is stated in the complaint is also stated by the complainant on oath and it is only then that based on such statement that process can be is....
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