Rule 15 of CPC : Rule 15: Verification of pleadings.
CPC
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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:
- 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.
- 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."
- Signature and Date: Ramesh must sign the verification and include the date and place where he signed it.
- 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:
- 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.
- 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.
- Amendments: If Priya needs to amend her pleading, the amendments must also be verified in the same manner unless the court orders otherwise.
- 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:
- 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 other authorized member.
- Detailed Verification: The representative must specify which parts of the pleading are verified based on their own knowledge and which parts are based on information received and believed to be true. For example, "Paragraphs 1-3 are verified by me based on my own knowledge, and paragraphs 4-7 are verified based on information received from environmental reports."
- Signature and Date: The representative must sign the verification and include the date and place of signing.
- Affidavit: The representative must also provide an affidavit supporting the pleadings, affirming the truthfulness of the statements made.
Example 4:
Scenario: A tenant, Anil, files a suit against his landlord, Raj, for illegal eviction.
Application of Rule 15:
- Verification by Anil: Anil must verify his pleading at the end of the document. He can do this himself or have someone else who knows the facts of the case verify it.
- Specificity in Verification: Anil must specify which parts of the pleading he verifies based on his own knowledge and which parts he verifies based on information received and believed to be true. For example, "Paragraphs 1-4 are verified by me based on my own knowledge, and paragraphs 5-8 are verified based on information received from my neighbors."
- Signature and Date: Anil must sign the verification and include the date and place where he signed it.
- Affidavit: Anil 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.
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