Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of original power of attorney - From cause title not clear that plaint is filed through constituted attorney - However, verification of plaint clearing stating that said attorney is a constituted agent and power of attorney of plaintiff - Held, it is sufficient to hold that plaint is filed by power of attorney..........
Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4) -- Affidavit - Filing alongwith plaint as part of verification cannot be used for the purpose of evidence at the time of trial and party has to file a proof affidavit in support of his pleadings in lieu of chief examination at the time of trial...........
Civil Procedure Code, 1908, Order 6, Rule 15 -- Verification of plaint - Absence of - Is a defect, but curable...........
Civil Procedure Code, 1908, Order 6, Rule 15 -- List of documents - Civil Procedure Code does not contemplate verification of list of documents given at the foot of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 15(2), Civil Procedure Code, 1908, Order 7, Rule 11 -- Verification of plaint - Non compliance with provision of O.6.R.15(2) - Procedural irregularity - Rectification denied by trial Court - Consequences of such order to be considered at the time of deciding the suit itself - No error in impugned order of trial Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Factors to be taken into account - Held, verification shall be only with reference to contents of plaint - In other words, it is only when contents of plaint on their face value and without aid of any external material disclose that suit is barred by any law or by limitation, or if it does not disclose..........
Civil Procedure Code, 1908, Order 6, Rule 15 -- Plaint - Verification - Plea that verification is not proper - Even if the verification is not proper, plaintiffs can seek amendment of plaint so as to bring it in conformity with the provision of O.6.R.15 CPC - Moreover, plaintiff has appeared as a witness and deposed on oath and defendant had the opportunity to cross..........
Civil Procedure Code, 1908, Order 6, Rule 15(c) -- Plaint - Verification - Affirmation not specifying separately the facts true to personal knowledge and true to belief - Held, these defects are only procedural in nature - An opportunity should be given to plaintiff to rectify it...........
Civil Procedure Code, 1908, Section 99, Order 6, Rule 15 -- Plaint - Omission to verify or defective verification - Held, it can be regularized at a later stage - It is a curable defect and not a fatal one...........
Civil Procedure Code, 1908, Order 6, Rule 14 -- Plaint - Signing and verification - Bank - Branch Manager - Authorised and empowered by Regulation of State Bank of India General Regulations, 1955 - Suit filed on basis of such Vakalatnama is competent...........
