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The Code of Civil Procedure, 1908: page 100
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 100, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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[(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.
*[15A. Verification of pleadings in a commercial dispute.—(1) Notwithstanding anything contained in
rule 15, every pleading in a commercial dispute shall be verified by an affidavit in the manner and form
prescribed in the Appendix to this Schedule.
(2) An affidavit under sub-rule (1) above shall be signed by the party or by one of the parties to the
proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the
Court to be acquainted with the facts of the case and who is duly authorised by such party or parties.
(3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in
sub-rule (1) unless the Court orders otherwise.
(4) Where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be
permitted to rely on such pleading as evidence or any of the matters set out therein.
(5) The Court may strike out a pleading which is not verified by a Statement of Truth, namely, the
affidavit set out in the Appendix to this Schedule.]
2[16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or
amended any matter in any pleading—
(a) which may be unnecessary, scandalous, frivolous or vexatious, of e
od
(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or
(c) which is otherwise an abuse of the process of the Court.] aC
3[17. Amendment of pleadings.—The Court may at any stage of the proceedings allow either party to
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alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall
In
be made as may be necessary for the purpose of determining the real questions in controversy between the
parties:
Provided that no application for amendment shall be allowed after the trial has commenced, unless the
Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before
the commencement of trial.
18. Failure to amend after Order.—If a party who has obtained an order for leave to amend does not
amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then
within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such
limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the
Court.]
STATE AMENDMENT
Uttar Pradesh
Amendment of Order VI of the First Schedule.— In the First Schedule to the said
Code, in Order VI, in rule 15, in sub-rule (1), for words, “on oath administered by an
officer empowered under section 137 of the Code,”
[Vide Uttar Pradesh Act 31 of 1978, s. 4]
1. Ins. by Act 46 of 1999, s. 16 (w.e.f. 1-7-2002).
2. Subs. by Act 104 of 1976, s. 56, for rule 16 (w.e.f. 1-2-1977).
3. Subs. by Act 22 of 2002, s. 7, for rules 17 and 18 (w.e.f. 1-7-2002).
* Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
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