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Verification Clause

1.    Whereas party to the proceedings, in their Plaint and Written Statement, make series of submissions and allegations against each other, O.6 R.15, among other things, stipulates that any one of the Plaintiffs or Defendant, as the case may be, shall at the end of their pleadings, specify, by reference to the numbered paragraphs of the pleading, what submissions and allegations, they verify from their own knowledge and what they verify upon information received and believed to be true.

2.    The person verifying the pleadings is obliged to sign and is further obliged to furnish an affidavit in support of his pleadings. The Person verifying is also required to state the date and the place at which it was signed.

3.    This requirement of law is based on the principle that the Litigant, who comes before the Court, must come with the clean hands and also must come with certain facts and his case should not be based on general, vague or speculative facts.

4.    Therefore, the law requires that whatever is stated by the Party in his Pleadings, he must clarify that which statement is made from his own knowledge and which statement is made, based on other information, or based on legal advice.

5.    This is significant from another perspective, where in cases, if the submissions made by the Litigant were turned out to be false, then, the said Litigant may be held guilty of perjury / contempt of the Court for knowingly making false statement and misleading the Court, in cases, where he had verified the concerned Paras emanating from his own knowledge.

6.    The profound object of this verification clause therefore is to prevent or cease frivolous litigations.

7.    The consequences of not verifying correctly may entail penal consequences. The Apex Court, comprising three Judges Bench, in the case of S.R.Ramaraj Versus Special Court, Bombay, 2003 SC, have inter alia, observed that, “A person is under a legal obligation to verify the allegations of fact made in the pleadings and if he verifies falsely, he comes under the clutches of law”.

Sandeep Jalan


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Mike Frolow said…
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July 26, 2020 at 8:37 AM
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