Why is the logic behind requiring Affidavits to be verified at the foot?

[Santosh Yadav]

Under Section 26 of the Civil Procedure Code, ever Plaint presented before a Court shall be supported by an Affidavit by the Plaintiff and the Affidavit is required to be verified at the foot.

My question is what is the logic behind requiring an affidavit to be verified by the self-same deponent when the last averment of the affidavit already states that the deponent believes that whatever stated hereinabove are true and correct to the best of his knowledge & understanding and nothing material to it has been suppressed ?

Most of the time, the Verifications in Plaints drawn up by Lawyers in India are ditto copy-paste, word-for-word, of the last averment of the Affidavit (“I state that whatever stated hereinabove is true and correct….”)

Is there any logic behind this and isn’t it high time that a relevant amendment is brought into the CPC or the relevant Court Rules to do away with verification of affidavits and thus save space and time ?

Insights from learned Advocates are invited upon this !

[Dr. Ashok Dhamija]

Section 26 of the Civil Procedure Code does not say what you have stated, it is Rule 15 of Order 6 of CPC that says it. But, this Rule also says this in respect of a pleading and not the affidavit, i.e., “…pleading shall be verified at the foot by the party…”. Of course, an affidavit also has a verification clause.

There may be duplication of the Verification clause (in the pleading and in affidavit), but, then this is what the law requires, as you can see from the language of Rule 15 of Order 6 which requires a verification to the pleading and also an affidavit (which again has a verification clause). The lawyers have to follow the law. The verification in the pleadings is the self-verification, whereas in the affidavit it is before the oath commissioner or Notary, etc.

If you want any improvement in the law, you can give your suggestions to the competent authorities, who can amend the law.

Section 26 of CPC lays down as under:

“26. Institution of suits.— (1) Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

(2) In every plaint, facts shall be proved by affidavit.”

Rule 15 of Order 6 of CPC is as under:

“15. 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.”

 

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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