Code of Civil Procedure with regard to signing and verification of plaint are mere matters of procedure and if a plaint is not properly signed ... some defects or irregularities in the matter of signing and verification of the plaint. It is open to the Court or to the officer
wherein it was held that "signing and verification of plaint are mere matters of procedure and if a plaint is not properly signed ... some defects or irregularities in the matter of signing and verification of the plaint". It was also held that "it is open
Lewis (AIR 1958 Calcutta 104) the Court has held that if a plaint contains serious allegations of frauds, culpable negligence etc. against the defendants ... holding an authority to sign the verification under the power of attorney would be incompetent to verify the plaint. Likewise in Bangal Lakshmi Cotton Mill
omission to sign or defect in the signature or verification in the plaint is a curable defect and may be cured at any stage
plaint. On the
aforesaid reasoning, the Division Bench held that the suit
could not be dismissed nor could the plaint be rejected
because ... cured
by the amendment and consequently when the verification in the plaint is
amended, the plaint must be taken to be presented
verification either. Rule 6A of CEGAT (Procedure) Rules, 1982 contemplates verification. But there is no provision specifying that in the absence of a proper verification ... mere irregularity. The defect of absence of proper verification of the plaint is one of procedure and is a mere irregularity. In view
verification either. Rule 6A of CEGAT (Procedure) Rules, 1982 contemplates verification. But there is no provision specifying that in the absence of a proper verification ... mere irregularity. The defect of absence of proper verification of the plaint is one of procedure and is mere irregularity. In view of the above
Code of Civil Procedure , 1908 for the signature and verification of the plaint in the suit by the Central Government."
Sub Section (5) reads
place on record a
duly verified plaint in order to meet defendant's objection that plaint not
verified in accordance with law - Affidavit ... substantive justice and any defect or omission in
verification would not render the plaint invalid."
//17 //
16. On the basis of above judgments
Civil Procedure , 1908 (5 of 1908),
for the signature and verification of a plaint in a suit by
the Central Government.]
[emphasis supplied]
242. Powers
