Rule 15 of CPC : Rule 15: Verification of pleadings.

Bare Act

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.

15A. Verification of pleadings in a commercial dispute

(1) Notwithstanding anything contained in Rule 15, every pleading in a commercial dispute shall be verified by an affidavit in the manner and form prescribed in the Appendix to this Schedule.

(2) An affidavit under sub-rule (1) above shall be signed by the party or by one of the parties to the proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the Court to be acquainted with the facts of the case and who is duly authorised by such party or parties.

(3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in sub-rule (1) unless the Court orders otherwise.

(4) Where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be permitted to rely on such pleading as evidence or any of the matters set out therein.

(5) The Court may strike out a pleading which is not verified by a Statement of Truth, namely, the affidavit set out in the Appendix to this Schedule.

Simplified Act

Verification of Pleadings

(1) Unless another law says otherwise, every legal document (pleading) must be verified at the bottom by the person who wrote it, one of the people involved in the case, or someone else who knows the facts and is approved by the Court.

(2) The person verifying the document must clearly state, using the numbered paragraphs of the document, what they know personally and what they believe to be true based on information they received.

(3) The verification must be signed by the person making it and must include the date and place where it was signed.

(4) The person verifying the document must also provide a sworn statement (affidavit) to support their claims.

15A. Verification of pleadings in a commercial dispute

(1) Regardless of what Rule 15 says, every legal document in a business-related dispute must be verified by a sworn statement (affidavit) in the specific way described in the Appendix to this Schedule.

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Explanation using Example

Example 1:

Scenario: Ramesh files a civil suit against Suresh for breach of contract.

Application of Rule 15:

1. Verification by Ramesh: Ramesh, the plaintiff, must verify the pleading (the written statement of his case) at the end of the document. He can do this himself or have someone else who knows the facts of the case verify it.
2. Specificity in Verification: Ramesh must specify which parts of the pleading he verifies based on his own knowledge and which parts he verifies based on information he received and believes to be true. For example, he might state, "Paragraphs 1-5 are verified by me based on my own knowledge, and paragraphs 6-10 are verified based on information received and believed to be true."
3. Signature and Date: Ramesh must sign the verification and include the date and place where he signed it.
4. Affidavit: Ramesh must also provide an affidavit supporting his pleadings, affirming that the statements made in the pleading are true to the best of his knowledge and belief.

Example 2:

Scenario: Priya is involved in a commercial dispute with a company over a business contract.

Application of Rule 15A:

1. Verification by Affidavit: Priya must verify her pleading by an affidavit in the manner and form prescribed in the Appendix to the Schedule. This is mandatory for commercial disputes.
2. Authorized Person: If Priya cannot verify the pleading herself, she can have someone else who is familiar with the facts of the case and authorized by her to do so. For instance, her business manager, who is well-acquainted with the contract details, can verify the pleading.
3. Amendments: If Priya needs to amend her pleading, the amendments must also be verified in the same manner unless the court orders otherwise.
4. Consequences of Non-Verification: If Priya's pleading is not verified as required, she will not be allowed to use it as evidence in court. The court may also strike out her pleading if it is not verified by a Statement of Truth (the affidavit set out in the Appendix).

Example 3:

Scenario: An NGO files a public interest litigation (PIL) against a factory for causing environmental pollution.

Application of Rule 15:

1. Verification by NGO Representative: The NGO's representative, who is familiar with the facts of the case, must verify the pleading. This could be the NGO's president or any ot...