STATE OF BIHAR Vs. CHOUBEY GOPAL SARAN SHARMA

JUDGEMENT

(1.) Sub-rule (1) of Rule 16 of Order VI of the Code of Civil Procedure (hereinafter called the Code) reads as follows: "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 per-son proved to the satisfaction of the Court to be acquainted with the facts of the case". This Sub-rule has been substituted by new Sub-rule (1) by the Patna High Court Amendment affective from 27-9-1961. This Sub-rule, as amended by the Patna High Court therefore reads as follows:

(2.) The general Rule 1 of Order XXVII of the Code has not been amended by the Patna High Court so far. That Rule reads as follows:

(3.) The written statement in Title Suit No. 78 of 1964 pending in the court below was filed on behalf of the State of Bihar defendant No. 1, petitioner No. 1 before me after verifying it in the manner provided in Order XXVII Rule 1 of the Code and not following the procedure provided in the amended Sub-rule (1) of Rule 15 of Order VI of the Code The learned Munsif by his order dated 12-2-1965 directed the Slate of Bihar to file an affidavit in support of the written statement in accordance with Order VI Rule 15(1) of the Code, as amended by the Patna High Court. The State has come up to this Court in revision