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Report No. 253

5. Amendment of Order VI. - In the First Schedule to the Code of Civil Procedure, 1908, in Order VI,

(i) after Rule 3, the following Rule shall be inserted:

"3A. Forms of pleading in Commercial Courts - In a Commercial Dispute, where forms of pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes of such Commercial Disputes, pleadings shall be in such forms."

(ii) after Rule 15, the following Rule shall be inserted:

"15A. Verification of pleadings in a Commercial Dispute: (1) Notwithstanding anything contained in Rule 15, every pleading in a Commercial Dispute shall be verified by an affidavit in the manner and form prescribed in the Appendix to this Schedule.

(2) An affidavit under sub-Rule (1) above shall be signed by the party or by one of the parties to the proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the Court to be acquainted with the facts of the case and who is duly authorized by such party or parties.

(3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in sub-Rule (1) unless the Court orders otherwise.

(4) Where a pleading is not verified in the manner provided under sub-Rule 1, the party shall not be permitted to rely on such pleading as evidence or any of the matters set out therein.

(5) The Court may strike out a pleading which is not verified by a Statement of Truth, namely the affidavit set out in the Appendix to this Schedule."

Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 Back

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