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    PDC Assingment

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    bnkwkskrpd

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    © All Rights Reserved
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    PDC Assingment

    Uploaded by

    bnkwkskrpd
    11 views11 pages

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    PDC assingment

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    Copyright:

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    Download as docx, pdf, or txt
    11 views11 pages

    PDC Assingment

    Uploaded by

    bnkwkskrpd

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 11

    Introduction

    In the realm of civil procedure, pleading plays a pivotal role in


    setting the stage for a legal dispute in court. A pleading is a
    formal written statement submitted by a party in a legal case,
    outlining their claims or defenses. Pleadings may include the
    plaintiff's complaint (in civil matters), the defendant's answer,
    and other documents that form the basis of the legal
    proceedings.

    However, mere submission of pleadings is insufficient unless they


    are verified. The concept of verification of pleading is integral to
    ensuring the credibility, truthfulness, and authenticity of the
    claims made in the documents filed before the court. Verification
    serves as a safeguard to prevent fraudulent claims and ensures
    that the statements made in pleadings are based on the personal
    knowledge or information of the party making the statement.

    In this assignment, we will explore the legal framework of


    pleading verification, its purpose, the rules surrounding it, and an
    example of a plaint containing a verification clause. We will also
    analyze the object of verification and its role in safeguarding the
    integrity of the judicial process.
    1. What is Verification of Pleading?

    Verification of pleading refers to the process by which a party


    confirms that the statements made in their pleadings (such as a
    plaint or written statement) are true to the best of their
    knowledge and belief. It is a formal affirmation or declaration
    that the facts contained in the pleading are correct and based on
    the party’s knowledge, belief, and information.

    Under the law, every pleading filed in a court must be verified.


    The Civil Procedure Code (CPC) of India, which governs the
    conduct of civil suits in India, mandates the verification of
    pleadings to ensure that they comply with legal requirements
    and do not contain false or misleading statements.

    2.Legal Provisions Regarding Verification of Pleadings

    2.1 Under the Civil Procedure Code (CPC), 1908

    The verification of pleadings is governed by Order VI, Rule 15 of


    the CPC, which sets out the following requirements:

    Order VI, Rule 15(1): Every pleading shall be verified by the party
    filing it or by some other person who is acquainted with the facts
    of the case. The verification must be signed by the party or the
    person filing it.

    Order VI, Rule 15(2): The verification must contain a statement


    declaring that the contents of the pleading are true to the best of
    the party’s knowledge and belief, and that the belief is based on
    information provided by others, if applicable.

    Order VI, Rule 15(3): The person verifying the pleading must
    affirm the correctness of the facts and must explicitly state that
    the statements are not made out of falsehood or malicious
    intent.

    These provisions establish the basic framework for verifying


    pleadings in civil proceedings in India. Similar rules exist in other
    jurisdictions, with variations based on local rules of court.

    2.2 The Purpose of Verification

    Verification serves several key purposes:

    -Authentication of Claims: Verification provides assurance to the


    court that the statements made in the pleading are true, or at
    least believed to be true by the party submitting them.
    - Prevention of False Claims: It acts as a deterrent to frivolous,
    false, or misleading claims. If a party knowingly submits a false
    pleading, they can be penalized under the law for perjury or
    contempt of court.

    - Assurance of Personal Knowledge: The party filing the pleading


    must confirm that the facts are based on their personal
    knowledge or, if not, on reliable sources of information. This
    increases the reliability of the evidence presented.

    - Legal Compliance: Verification ensures compliance with


    procedural requirements, making the pleading more likely to be
    accepted by the court.

    - Accountability: The verification process holds the party


    accountable for the truthfulness of the claims they make,
    discouraging the filing of baseless or false legal proceedings.

    3. What Constitutes a Proper Verification?

    For a verification to be valid, it must meet several requirements:

    - Personal Knowledge or Information: The person verifying the


    pleading must have personal knowledge of the facts or should
    make the verification based on reliable information.
    - Written Affirmation:The verification must be written and should
    include a statement that the contents of the pleading are true to
    the best of the verifier’s knowledge and belief.

    - Format of the Verification Clause: The clause should state the


    date, place, and the name of the person verifying the pleading,
    along with their signature.

    - Oath or Affirmation:In some cases, the verification might need


    to be sworn before an authorized officer, such as a notary public
    or a commissioner for oaths. However, this is not always
    required.

    3.1 Sample Verification Clause

    A typical verification clause in a plaint may be worded as follows:

    Verification Clause:

    "I, [Name], son of [Father’s Name], aged [Age], resident of


    [Address], do hereby declare that I am the plaintiff in the above
    suit, and I verify that the contents of the above plaint are true to
    my knowledge and belief. The facts stated in paragraphs 1 to [X]
    are true to my knowledge, and the facts in paragraphs [X+1] to
    [Y] are true to my belief, based on information received from
    [source], which I believe to be true.
    Verified at [Place], this [Date] day of [Month], [Year].

    (Signature of the Plaintiff)


    [Name of the Plaintiff]"

    4. Object of Verification of Pleadings

    The primary object of the verification of pleadings is to ensure


    the truthfulness and authenticity of the statements made by the
    parties involved in a legal proceeding. Specifically, the object can
    be broken down into several key aspects:

    - Authenticity of Pleadings: Verification assures the court that the


    pleading is not frivolous and that the claims made in it are
    backed by genuine facts.

    - Prevention of Falsehood: It is a safeguard to prevent parties


    from making dishonest claims and thus avoid wasting the court's
    time with baseless litigation.

    - Protection from Malicious Prosecution:Without proper


    verification, there is a risk of malicious actions by a party who
    might falsely file a case, knowing that they will not be penalized if
    the case is eventually dismissed. Verification mitigates this risk.
    - Ensuring Legal Integrity: The judicial system depends on the
    credibility of the information provided. If any party misleads the
    court, it undermines the entire legal process. Verification
    maintains the integrity of the court proceedings.

    - Imposing Responsibility: When a party verifies a pleading, they


    are confirming responsibility for the statements made within it.
    This acts as a deterrent against the use of misleading or
    fraudulent claims, knowing that false verification can lead to legal
    consequences.

    - Clarity and Precision: Verified pleadings provide clear, concise,


    and direct statements of the facts, making it easier for the court
    to assess the case and for the opposing party to understand the
    claims made.

    5. Role of Verification in Court Proceedings

    Verification plays a critical role in the smooth functioning of court


    proceedings. Some of its key roles include:

    - Evidence of Good Faith:By verifying the pleading, the party


    signals that they are acting in good faith, and their claims are
    based on reasonable belief and available evidence.
    - Facilitates the Court's Function: Properly verified pleadings
    provide the court with reliable information on which it can base
    decisions. It helps avoid frivolous claims and unnecessary delays.

    - Prevents Abuse of the Legal System: Verification acts as a


    safeguard against the abuse of the legal process by preventing
    the filing of dishonest or malicious claims.

    - Penal Consequences for False Verification: If the verification is


    found to be false, the party who filed it can face severe penalties,
    including charges of perjury, contempt of court, or other legal
    consequences. This ensures that the legal system is not misused.

    6.Sample Plaints with Verification Clause

    A plaint is the written statement of the plaintiff outlining the


    claim or complaint. Below is a sample plaint with the verification
    clause included.

    ---

    Sample Plaint with Verification Clause

    ---
    IN THE COURT OF THE CIVIL JUDGE, [District Name]

    Suit No. [XXX] of [Year]

    [Plaintiff's Name],
    Plaintiff

    Versus

    [Defendant's Name],
    Defendant

    ---

    The Plaintiff’s Statement of Claim

    1. The Plaintiff, [Name], is a resident of [Address] and has been a


    resident of the same address for the last [X] years.

    2. The Defendant, [Name], is a resident of [Address], and the


    Defendant is a person with whom the Plaintiff has been involved
    in [describe the nature of the dispute].
    3. On [date], the Defendant [description of the actions of the
    Defendant that led to the dispute].

    4. As a result of the Defendant’s actions, the Plaintiff has suffered


    damages amounting to [Amount] due to [reason for the
    damages].

    5. The Plaintiff made several requests to the Defendant to settle


    the matter, but the Defendant failed to respond. The Defendant’s
    refusal to acknowledge the Plaintiff's requests caused the
    Plaintiff to seek redress in this Court.

    Verification Clause:

    "I, [Plaintiff’s Name], the above-named Plaintiff, do hereby verify


    that the contents of paragraphs 1 to 5 of the above plaint are
    true to the best of my knowledge and belief, and that the belief is
    based on information received from [source] which I believe to
    be true.

    Verified at [Place], on this [Date] day of [Month], [Year].

    (Signature of Plaintiff)
    [Plaintiff’s Name]"

    Conclusion

    Verification of pleadings is a crucial part of the civil litigation


    process. It ensures that the facts presented to

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