MRS. PRAVA SINHA Vs. BHABATOSH SINHA AND ORS.

JUDGEMENT

(1.) THE sole Plaintiff of C.S. No. 375 of 2002 pending before the 1st Addl. Ad hoc Addl. Dist. Judge, FTC, Cuttack has filed this Writ Petition being aggrieved by order dated 4.5.2006 (Annexure -9) passed in the said suit.

(2.) THE suit is one for declaration and mandatory injunction. Defendant No. 6 before the Court below who is opposite party No. 6 in this Writ Petition has filed her written statement in the suit. The Petitioner filed a petition in the suit with a prayer to reject the said written statement on the ground of non -compliance with the provision of Order 6, Rule 15 read with Section 139 of the Code of Civil Procedure. The said petition has been rejected by the Court below with observation that the irregularity, if any, pointed out by the Plaintiff could be well remedied. The said order was assailed earlier before this Court in WP (C) No. 2337/06 which was disposed of with the following observation of this Court:

(3.) MR . C.A. Rao, learned Counsel appearing for the Petitioner, forcefully submitted that in consonance with Order 6, Rule 15 read with Section 139 Code of Civil Procedure every pleading is required to be verified by the party or one of the parties or some other person to the satisfaction of the Court who is acquainted with the facts of the case. In the instant case opposite party No. 6 had not put her signature above the word 'Verificant'. Thus the written statement filed by her was a defective one and therefore could not have been accepted by the Court below. In support of his submission that every pleading needs to be verified, Mr. Rao relied upon several decisions, but then there is no quarrel with regard to the legal proposition. Order 6, Rule 15 Code of Civil Procedure is very clear in this respect. But then a defect in the written statement is a curable one and only on the ground that there is some defect in the written statement which can be cured, the written statement itself cannot be thrown out. In other words, if the defect in the written statement is only that it has not been verified, the said defect can be rectified. That apart, Order 6, Rule 15(4) Code of Civil Procedure which was introduced by 2002 Code of Civil Procedure Amendment stipulates that the person verifying the pleadings shall also furnish an affidavit in support of his pleadings.