lanHkZ %&/kkjk 9 3 ifjoknksa ds lR;kiu ij flfoy izfdz;k lafgrk ds vfHkopkuksa Pleading laca/kh izkfo/kkuksa dk ykxw gksukA

ORDER 6,R.15. flfoy izfdz;k lafgrk

Verification of pleadings :-

(1) Save as otherwise provided by any law for the time being in force every pleading shall be verified at the foot by the party or by one for the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.


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ORDER 16, flfoy izfdz;k lafgrk

R.7. Unless it the otherwise provided, and affidavit may be made by any person having cognizance of the facts deposed to. Two or more persons may join in an affidavit;
R.8. When the declarant in any affidavit speaks to any fact within his own knowledge, he must do so directly and positively, using the words "I affirm" or "I make oath and say".
R.9. Except in interlocutory procedings affidavits shall strictly be confined to such facts as the declarant is able of his own knowledge to prove. In interlocutory proceedings, when the particular fact is not within the declarant's own knowledge, but is stated from information obtained from others, the declarant shall use the expression "I am informed", and if such be the case, "and verily believe it to be true". And shall state the name and address of, and sufficiently describe for the purposes of identification, the person or persons from whom lie received such information. Where the application or the opposition thereto rests on facts disclosed in documents or copies of documents produced from any Court of Justice or other source, the declarant shall state what in the source from which they were produced, and his information and belief as to the truth of the facts disclosed in such documents. R.10. When any place is referred to in an affidavit, it shall be correctly described. When in an affidavit, any person refferred to, such person, the correct name any address of such person, and such further description as may be sufficient for the purpose of the identification of such person, shall be given in the affidavit.
R.11. Every person making an affidavit for use in a Civil Court, shall, if not personally known to the person before whom the affidavit is made, be identified to that person by someone known to him and the person before whom the affidavit is made shall state at the foot of the affidavit the name, address and description of him by whom the identification was made as well as the time and place of such identification.
R.11-A. Such identification may be made by a person:
(a) personally acquainted with the person to be identified; or
(b) satisfied, from papers in that person's possession or otherwise, of his identity; Provided that in case (b) the person so identifying shall sign on the petition or affidavit a declaration in the following form, after there has been affixed to such declaration in his presence the thumb-impression of the person so indenfified. FORM 1.1 (Name, address and description) declare that the person verifying this petition (or making this affidavit) and alleging himself to be A.B. has satisfied me, (here state by what means, e.g., from papers in his possession or otherwise) that he is A.B.
R.12. No verification of a petition and no affidavit purporting to have been made by a pardanashin woman who has not appeared unveited before the person before whom the verification or affidavit was made, shall be used unless she has been identified in manner already specified and unless such petition or affidavit be accompanied by an affidavit of identification of such woman made at the time by the person who identified her.
R.13. The person before whom any affidavit is about to be made shall, before the same is made, ask the person proposing to make such affidavit if he has read the affidavit states that he has not read the affidavit or appears not to understand the contents thereof, or appears to be illiterate, the person before whom the affidavit is about to be made shall read and explain, or cause some competent person to read and explain, or cause some other competent person to read and explain in his presence the affidavit to the person proposing to make the same, and whom the person before whom the affidavit is about to be made is thus satisfied that the person proposing to make such affidavit understands the contents thereof, the affidavit may be made.
R.14. The person before whom an affidavit is made, shall certify at the foot of the affidavit the fact of making of the affidavit before him and the time and place when and where it was made, and shall for the purpose of identification, mark and initial any exhibits referred to in the affidavit.
R.15. If it is found necessary to correct any clerical error in any affidavit such correction may be made in the presence of the person before whom the affidavit is about to be made, but not after, the affidavit is made. Every correction so made shall be initialled by the person before whom the affidavit is made, and shall be made in such manner as not to render it impossible or difficult to read the original word or words, figures, in respect of which the correction may have been made.


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ORDER 16, flfoy izfdz;k lafgrk


R.6 Summons to produce document. - Any person may be summoned to produce a document, without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.
R.10 Procedure where witness fails to comply with Summons :-
(2) Where the Court sees reason to believe that such evidence or production is material, and that such person has, without lawful excuse, failed to attend or to produce the document in compliance with such summons or has intentionally avoided service, it may issue a proclamation or, if he is present, an order in writing to be signed by him, requiring him to attend to give evidence or to produce the document at a time and place to be named therein; and a copy of such proclamation if issued shall be afixed on the outer door or other conspicuous part of the house in which he ordinarily resides.
(3) In lieu of or at the time of issuing such proclamation or an order in writing, or at any time afterwards, the Court may, in its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which may be imposed under Rule 12:

Provided that no Court of Small Causes shall make an order for the attachment of immoveable property.

R.11 If witness appears attachment may be withdrawn :- Where, at any time after the attachment of his property, such person appears and satisfies the Court :-
(a) that he did not, without lawful excuse, fail to comply with the summons or intentionally avoid service, and (b) (b) where he has failed to attend at the time and place named in a proclamation issued under the last preceding rule, that he had no notice of such proclamation in time to attend, the Court shall direct that the property be released from attachment and shall make such order as to the costs of the attachment as it thinks fit.
R.12. Procedure if witness fails to appear :-
(1) The Court may, where such person does not appear, or appears but fails so to satisfy the Court, impose upon him such fine not exceeding five hundred rupees as it thinks fit, having regard to his condition in life and all the circumstance of the case, and may order his property, or any part thereof, to be attached and sold, or if already attached under Rule 10, to be sold for the purpose of satisfying all costs of such attachment, together with the amount of the said fine, if any; Provided that, if the person whose attendance is required pays into Court the costs and fine aforesaid, the Court shall order the property to be released from attachment.
(2) Notwithstanding that the Court has not issued a proclamation under sub-rule (2) of Rule 10, nor issued a warrant nor ordered attachment under sub-rule
(3) of that rule, the Court may impose fine under sub-rule 1) of this rule after giving notice to such person to show cause why the fine should not be imposed.
R.13. Mode of attachment :- The provisions with regard to the attachment and sale of property in the execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale under this Order as if the person whose property is so attached were a judgment-debtor.
R.14 Court may of its own accord summon as witnesses strangers to suit:- Subject to the provisions of this Code as to attendance and appearance and to any law for the time being in force, where the Court at any time thinks it necessary to examine any person, including a party to the suit and not called as a witness by a party to the suit, the Court may, of its own opinion, cause such person to be summoned as a witness to give evidence, or to produce any document in his possession, on a day to by appointed, and any examine him as a witness or require him to produce such document.
R.15. Duty of persons summoned to give evidence or produce document:- Subject as last aforesaid, whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to produce it, or cause it to be produced, at such time and place.
R.16. When they may depart :-
(1) A person so summoned and attending shall] unless the Court otherwise directs, attend at each hearing until the suit has been disposed of.
(2) On the application of either party and the payment through the Court of all necessary expenses (if any), the Court may require any person so summoned and attending to furnish security to attend at the next or any other hearing or until the suit is disposed of and, is default of his furnishing such security, may order him to be detained in the civil prison.
R.17. Application of Rule 10 to 13.- The provisions of rules 10 to 13 shall, far as they are applicable, be deemed to apply to any person who having attended in compliance with a summons departs, without lawful excuse, in contravention of Rule 16.
R.18. Procedure where witness apprehended cannot give evidence or produce document, where any person arrested under a warrant is brought before the Court in custody and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he has been summoned to give or produce, the Court may require him to give reasonable bail or other security for his appearance at such time and place as it thinks fit, and, on such bail or security being given, may release him, and, in default of his giving such bail or security, may order him to be detained in the civil prison.
R.20. Consequence of refusal of party to give evidence when called on by Court.- Where any party to a suit present in Court refuses, without lawful excuse, when required by the Court, to give evidence or to produce any document then and there in his possession or power, the Court may pronounce judgment against him or make such order in relation to the suit as it thinks fit.
R.21 Rules as to witnesses to apply to parties summoned :- Where any party to a suit is required to give evidence or to produce a document, the provision as to witnesses shall apply to him so far as they are applicable.