Understanding Verification of Pleadings Under CPC: Key Amendments and Guidelines

Introduction

Pleading verification under the Code of Civil Procedure (CPC) is an essential procedural method to validate claims in civil lawsuits. Amendment inclusion under the Commercial Courts Act, 2015, has revolutionized the process, particularly for commercial disputes. This handbook offers a comprehensive analysis of the legal framework, recent amendments, and best practice compliance.

Legal Framework for Verification of Pleadings

General Cases (Order VI Rule 15, CPC)

Verification Requirement: Every pleading, such as a plaint or written statement, must be verified by the party or a person who is familiar with the facts.
Format: The verification must clearly mention what statements are made on personal knowledge and what statements are made on information believed to be true (Rule 15(2)).
Affidavit Requirement: A corroborative affidavit to the effect that the pleading is true is required (Rule 15(4)).

Commercial Disputes (Order VI Rule 15A, CPC)

With amendments introduced by the Commercial Courts Act, 2015, stricter verification conditions are applicable in commercial disputes for ₹3 lakh:

Mandatory Statement of Truth: Pleadings must be sworn by a standard affidavit in accordance with the Appendix to the Schedule. Key Features:
Signature: Must be signed by the party, co-party, or authorized person with knowledge of the facts.
Amendments: Any modification of pleadings necessitates re-verification, except unless relieved by the court.

Penalties for Non-Conformity:

Pleadings non-conforming with the rules will not be receivable as evidence (Rule 15A(4)).
Courts are conferred with discretion to strike out pleadings non-conforming with rules (Rule 15A(5)).

Recent Developments and Judicial Precedents (2024–2025)

Stricter Compliance with the Prescribed Format

A 2024 judgment of the Jharkhand High Court reiterated that any deviation from the Statement of Truth format makes the affidavit void. It has been held by the judiciary that affidavits not conforming to the approved format (MS City Alloys Pvt Ltd v. MS Hari Om Co) cannot be accepted.

Key Takeaway: Utilize the exact template of the Commercial Courts Act Appendix; even minor deviations may result in rejection.

Overriding Effect of the Commercial Courts Act

Section 16 provides that Rule 15A has an overriding effect over inconsistent provisions of the CPC, state amendments, and High Court rules.

Digital Verification

E-Affidavits: The courts accept affidavits bearing digital signatures, provided that they meet the requirements of the IT Act, 2000.

Compulsory Parts of the Statement of Truth (2025)

The affidavit shall include the following:

Competency Statement: "I am [name], and I am qualified to swear this affidavit."
Knowledge of Facts: "I am acquainted with the facts and I have read the papers which are pertinent."
Breakdown paragraph-wise:
- "Paragraphs [X-Y] are true to my knowledge."
- "Paragraphs [A-B] are founded on information which I hold to be accurate."
"Paragraphs [M-N] are founded on legal advice."
Disclosure of Documents: Confirmation that all documents pertinent to the case have been disclosed and annexed.
Warning of Concealment: Waiver of liability for any false statements.

Common Pitfalls and Solutions

Pitfall	Solution
Lack of paragraph-wise segregation in the affidavit.	Use the Appendix template to describe the sources of knowledge/information.
Missing unsigned annexures or undisclosed documents.	Sign every page of both the pleading and annexures.
Non-compliance with Rule 15A in commercial matters.	File a new affidavit in the prescribed form; no leave is granted for amendment of pleadings.

Frequently Asked Questions (FAQs)

Q: Can a company secretary sign pleadings in a commercial case? A: Yes, subject to being duly authorized by the company and capable of establishing acquaintance with the facts (Rule 15A(2)).

Q: Is e-verification acceptable in commercial disputes? A: Yes, if the digital signature is in conformity with the IT Act, 2000.

Q: What should be done in case a pleading is amended post-verification? A: Any amendments need to be re-verified in the Statement of Truth format.

Q: Can courts overlook defective verification? A: No. The Jharkhand HC (2024) demands scrupulous observance; bad pleadings shall be declared inadmissible.

Conclusion

Pleadings according to the CPC have developed from more than merely a procedure ritual to an efficacious requirement, particularly in commercial litigation. Courts are holding firm on strictly applying the mode of the Statement of Truth. Consequently, parties must ensure factuality and conformity to achieve negative orders of court.