Whether fresh signed verification to the plaint can be filed after framing of issues?
Shubham Budhiraja [1] A filed a suit against B. While suit was pending, A moved an application under Order 6 Rule 17 CPC, 1908 for permission to file sign & attested copy of the verification clause of the plaint. The Ld. Trial Court allowed the same. B challenged the same before Hon’ble High Court under Article 227. The Hon’ble High Court held as under: [2] 1. It is trite that mere framing of issues does not mean commencement of trial. The trial would commence only once the first witness steps into the box and tenders’ chief examination affidavit. That being so, the argument that the amendment sought was hit by proviso to Order VI Rule 17 CPC is not correct 2. What was sought and permitted by the trial court was only a rectification of irregularity and not a substantive amendment. As correctly observed by learned trial court, verification under Order VI Rule 15 CPC is a separate solemn affirmation by the party as...