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1956 (12) TMI 47 - HC - Indian Laws

Issues:
1. Verification of the plaint by an agent under a power of attorney.
2. Interpretation of Order VI Rule 15 of the Code of Civil Procedure regarding verification of pleadings.
3. Requirement of personal verification by the party in cases involving serious allegations.
4. Compliance with rules of verification in the Code.

Analysis:

Issue 1:
The Rule challenged the dismissal of the defendants' objection against the verification of the plaint by an agent under a power of attorney. The plaintiff, represented by the agent, signed the plaint and its verification based on the power of attorney. The defendants contended that the verification should have been made by a person acquainted with the facts of the case, as per Order VI Rule 15 of the Code of Civil Procedure.

Issue 2:
The interpretation of Order VI Rule 15 was crucial in this case. The court emphasized that verification of pleadings is significant to prevent false allegations and fix responsibility on the party verifying. The rule requires the person verifying to be acquainted with the facts of the case, especially when done by an agent. The court clarified that the term "party" in the rule refers to the party personally, necessitating personal verification in certain circumstances.

Issue 3:
Given the serious nature of the allegations in the plaint, including fraud and falsification of accounts, the court deemed it appropriate for the plaintiff to personally verify the plaint. The court highlighted the importance of personal verification by the party in cases involving serious accusations to ensure compliance with the rules of pleading and to uphold the sanctity of the verification process.

Issue 4:
The court found the power of attorney alone insufficient to justify the agent's verification of the plaint in this case. Despite the plaintiff filing an affidavit accepting responsibility for the statements, the court ruled that personal verification by the plaintiff was necessary for compliance with the Code's rules. The court made the Rule absolute in part, directing the plaintiff to verify the plaint personally within a specified timeframe, while dismissing the defendants' objection regarding other signed documents.

This detailed analysis of the judgment addresses the procedural and substantive aspects of the issues raised in the case, providing a comprehensive understanding of the court's decision and reasoning.

 

 

 

 

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