UPENDRANATH GALOWA Vs. HEMCHANDRA KOLEY

JUDGEMENT

(1.) In this case, respondent 2 died before the appeal was filed but after the preparation of the decree by the lower appellate Court. An application was filed along with the memorandum of appeal stating the fact and mentioning the heirs of the deceased respondent whose names were inserted in the memorandum of appeal. This application bears a verification in these words: I....do hereby verify that the statements made above are true to my knowledge.

(2.) The Registrar is of opinion that if this verification is to be treated as one on solemn affirmation under Oh. 4, Rule 1 (5), Appellate Side Rules, it has to be stamped with a further court-fee of Rs. 2. The application bears a court-fee of Rs. 2 only. The learned advocate for the appellant contends that he has complied with the requirements of Ch. 4, Rule 1 (5) and that he is not required to put in a further court-fee of Rs. 2, as the court-fee required under that rule has been put on the application. Sub-clause (5) says: The facts stated in every application made to the High Court shall be verified by solemn affirmation of the applicant or by any affidavit to be annexed to the application.

(3.) It is argued on behalf of the appellant that an application, made in the form which has bean used in this instance, in which the applicant state3 that the statements are true to his knowledge, is verified by solemn affirmation. We think that the rule cannot be read in that way. Under Order 6, Rule 15 (3), Civil P.C., there is no special form of verification. It says: 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.