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 to the truthfulness of the pleadings.

 

3.    The verification is an adjunct to the pleadings and not a part of the substantive averments of the plaint/written statement. Merely because the respondent/plaintiff nomenclatured the application as under Order VI Rule 17 CPC, it cannot be ignored that what was sought was not an amendment of the pleadings.

 

4.    As laid down in the judicial precedent cited in the impugned order, any defect in verification is not fatal to the plaint and such defect is curable


[1] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com , +91-9654055315

[2] CM(M) 2238/2025, Delhi High Court

Comments

Post a Comment

Popular posts from this blog

Can a Partner sue another partner for recovery of money when firm is unregistered?

-
Image
  Shubham Budhiraja [1] A and B entered into a partnership through an unregistered partnership deed. A filed a suit for recovery against B. The Trial Court held suit to be maintainable but HC reversed the findings. The Hon’ble Supreme Court held as under: [2]   1.     Section 69 is mandatory in character and a suit instituted by a plaintiff in respect of a right which was vested in him by virtue of a contract and entered into in his capacity as a partner of a partnership firm, would be void, if such a firm was unregistered.   2.     Section 69(1) prohibits a suit amongst the partners of an unregistered partnership firm, for the enforcement of a right either arising from a contract or conferred by the Act, unless the suit amongst the partners is in the nature of dissolution of the partnership firm and/or rendition of accounts. Section 69(2) prohibits the institution of a suit by an unregistered firm against third persons for the en...
Read more

PROFESSIONAL MISCONDUCT: WHY YOU SHOULD WORRY?

-
Image
                                 SHUBHAM BUDHIRAJA [1]   INTRODUCTION TO THE PROFESSION OF COMPANY SECRETARIES The very basic rationale for having a separate qualified company law professional was not merely to ensure the compliance of management and board system but also to ensure check on Interest of all the stakeholders attached to a company. I.e. consumers, vendors, authorities, Investors, creditors. This role was added with more responsibilities when the economy transformed to market economy from a regulated economy. The foreign investors to place their exchange into the Indian sectors needed a reliable pre-check and thus there arises a very much need to have a professional who is skillful to certify the risk-free Investment proposals & outcomes thereof. With this background, Parliament enacted The Company Secretaries act, 1980 through which the profession of company secretaries ...
Read more

Test/ basis for seeking exemption from the mandate of pre-suit mediation in a commercial suit?

-
Image
    Shubham Budhiraja [1]   A and B entered into an agreement regarding supply of kitchen equipment’s. A filed a suit for recovery against B for supplying inferior quality of goods at higher prices. During the suit, A filed an application seeking exemption from undergoing pre-suit mediation on the ground that A is in need of money and any delay would cause irreparable harm to A. The Hon’ble Delhi High Court rejected the A’s application and held as under [2] :   1.     It is well settled that exemption from invoking pre-litigation mediation can be granted only when very urgent reliefs are sought by the Plaintiff and it is demonstrated that unless urgent reliefs are not granted the suit itself would become infructuous.   2.     The Plaintiff has to demonstrate that if the parties are sent to pre-litigation mediation, then the Defendant will take steps which will make the Suit infructuous.   3.   ...
Read more