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Report No. 163


Institution of Suits

Q.1. Section 26 (Plaint): Clause 2 of the Bill

Section 26 of the Code provides that a suit shall be instituted by the presentation of a plaint or in other prescribed manner. The Bill proposes the addition of the following:

"In every plaint, facts shall be proved by affidavit".

[See also Q.11 below - Order 6, rule 15].

The main object is to reduce the possibility of false statements made in a plaint -believed to be a common phenomenon.

(a) Do you consider that above amendment will serve a useful purpose?

(b) If so, would you favour a re-framing of the amendment - say, as under:

"The allegations of fact made in a plaint shall be supported by an affidavit, setting out separately facts which the plaintiff states on his own knowledge and the facts which he states on information received by him and believed by him to be true ?"

The Code of Civil Procedure (Amendment) Bill, 1997 Back

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