Introduction
In the realm of legal proceedings, the proper verification and institution of a plaint hold significant importance. A plaint is a formal written statement submitted by a plaintiff to initiate a civil lawsuit against a defendant. Its verification is a crucial step in ensuring the authenticity and veracity of the claims made in the plaint. This article aims to provide a comprehensive understanding of verification and the process of instituting a plaint, shedding light on their significance in the legal system.
Understanding Verification: Verification is the process by which the plaintiff or someone on their behalf solemnly confirms the truth and accuracy of the contents of the plaint. This verification serves as a testament to the fact that the claims stated in the plaint are true to the best of the plaintiff’s knowledge, belief, and information. It acts as a safeguard against frivolous and baseless lawsuits, promoting honesty and transparency in the legal system.
The purpose of verification is twofold: first, it discourages malicious or false allegations, as the individual verifying the plaint is legally bound by their statement’s veracity. Second, it encourages the plaintiff to conduct a thorough examination of the facts and evidence before filing the lawsuit, thereby minimizing unnecessary legal disputes and delays.
As per the Code of Civil Procedure (CPC) in India, verification of a plaint is governed by Order VI, Rule 15. The CPC is a procedural law that governs the conduct of civil lawsuits in Indian courts. Order VI deals with pleadings in general, and Rule 15 specifically addresses the requirement and procedure for the verification of the plaint. According to Order VI, Rule 15 of the CPC:
“15. Verification of pleadings. – 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 of the parties pleading or by some other person proved to the satisfaction of the court to be acquainted with the facts of the case.”
In simple terms, this rule mandates that every pleading, including the plaint, must be verified at the end (foot) by one of the following:
- The party filing the plaint (plaintiff).
- One of the parties who is involved in the case and is filing the plaint.
- Some other person who can prove to the satisfaction of the court that they are well-acquainted with the facts of the case.
The verification should contain an affirmation that the contents of the plaint are true to the best of the knowledge, information, and belief of the person verifying it. The person making the verification must sign the document, and if the verification is made by a person other than the plaintiff, they should also provide their relationship to the plaintiff and their authority to verify on the plaintiff’s behalf.
Failure to comply with the requirement of verification, where it is necessary, may lead to the plaint being rejected by the court or other appropriate legal consequences.
Essential Elements of a Valid Verification: A valid verification typically includes the following key elements:
- Affirmation of Truth: The person verifying the plaint must affirm that the contents of the plaint are true and correct to the best of their knowledge and belief. This affirmation is usually made by the plaintiff or any authorized person familiar with the facts of the case.
- Signature: The verification must be signed by the person making the affirmation. Their signature acts as a confirmation of the authenticity of the statement.
- Date: The verification should also include the date on which it is made, ensuring its currency and relevance to the present circumstances.
Understanding Institution:
In the context of CPC in India, the term “institution” refers to the formal initiation of a civil lawsuit or legal proceeding in a court of law. It is the process by which a plaintiff officially presents their case before the court, seeking legal redress or relief against the defendant. The institution of a suit is the first step in a civil litigation process and sets the legal machinery in motion. When a plaintiff wishes to file a civil lawsuit, they have to approach the relevant court having jurisdiction over the matter.
The institution of a suit involves the following essential steps:
- Drafting the Plaint: The plaintiff or their legal representative prepares a formal written statement called the “plaint.” The plaint includes details of the facts, the cause of action, the nature of the claim, and the relief sought from the court.
- Payment of Court Fees: The plaintiff is required to pay the prescribed court fees based on the value of the claim or relief sought. The court fees ensure that the plaintiff has a financial stake in the matter and also contribute to the state’s revenue.
- Verification of the Plaint: The plaintiff or someone on their behalf verifies the plaint by affirming its truth and correctness to the best of their knowledge, belief, and information. This verification is a testament to the authenticity of the claims made in the plaint.
- Filing the Plaint: The plaintiff files the verified plaint along with the necessary number of copies in the appropriate court. The court provides a seal and date on the copies, acknowledging the receipt and acceptance of the plaint.
- Issuance of Summons: After the plaint is filed, the court issues summons to the defendant, informing them about the lawsuit and directing them to appear in court on a specified date to respond to the claims made against them.
- Registration of the Suit: Upon the receipt of the plaint and payment of court fees, the court registers the suit, assigning it a unique case number. The case number is used for all future references related to the lawsuit.
Once the suit is duly instituted, the court proceedings continue with the defendant’s response, known as the “written statement,” and subsequent stages of the trial, such as evidence presentation, arguments, and the final judgment.
It’s important to note that the procedures for the institution of a suit may vary slightly depending on the type of court, the nature of the case, and the specific provisions of the CPC applicable in the jurisdiction.
Institution of Plaint
The provision in CPC that deals with the institution of a suit is Order IV, Rule 1. This rule outlines the process of how a civil lawsuit or suit is instituted in a court of law in India. It covers the essential steps that a plaintiff needs to follow to formally present their case before the court and initiate the legal proceedings. Order IV, Rule 1 of the CPC states:
“1. Institution of suits.— Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.”
According to this rule, the institution of a suit can be done through the presentation of a “plaint” or in any other manner as prescribed by law. As mentioned earlier, a plaint is a formal written statement that contains the details of the plaintiff’s claim, the cause of action, and the relief sought from the court.
Therefore, when a person wants to initiate a civil lawsuit in India, they must draft a plaint containing all the necessary information related to the case and present it before the court having jurisdiction over the matter. The plaintiff or someone on their behalf also needs to verify the plaint, as per the requirements of Order VI, Rule 15 of the CPC.
It is important to note that while Order IV, Rule 1 specifies the general manner of instituting a suit, there are additional rules and procedures under Order IV of the CPC that govern the presentation and scrutiny of the plaint, issuance of summons to the defendant, and other related aspects of the institution process. These rules provide a systematic framework for the initiation of civil suits, ensuring fairness and efficiency in the judicial system.
The institution of a plaint marks the commencement of legal proceedings in civil cases. It is essential to follow the prescribed procedure for filing a plaint to ensure the court’s acceptance and subsequent action on the matter. The process of instituting a plaint typically involves the following steps:
- Drafting the Plaint: The plaintiff or their legal representative prepares the plaint, detailing the facts, the nature of the claim, the relief sought, and the cause of action.
- Affixing Court Fees: The plaintiff must pay the requisite court fees as prescribed by the court. The fees are usually based on the value of the claim or the relief sought.
- Affixing the Verification: The plaintiff or an authorized person signs and verifies the plaint, as discussed earlier.
- Filing the Plaint: The plaintiff files the verified plaint along with the necessary number of copies in the appropriate court having jurisdiction over the matter. The court will provide a seal and date on the copies, acknowledging the receipt.
- Service of Summons: After the plaint is filed, the court will issue a summons to the defendant, informing them of the lawsuit and directing them to appear in court on a specified date.
Conclusion
Verification and institution of plaint are fundamental aspects of the legal system, designed to promote honesty, integrity, and efficiency in civil litigation. The verification ensures that the claims made in the plaint are well-founded and credible, discouraging the misuse of legal proceedings for frivolous purposes. By adhering to the prescribed procedure for instituting a plaint, the court can efficiently handle cases and ensure fair and just resolutions for both parties involved. It is crucial for individuals engaging in legal action to understand and follow these processes meticulously, as they are the cornerstones of a fair and transparent judicial system.