Question

In every plaint, under section 26 of CPC, facts should be proved by:

• A. Oral evidence;
• B. Affidavit;
• C. Document;
• D. Oral evidence as well as document;

Hint:

After the 2002 amendment, every plaint filed under Section 26 CPC must be supported by an affidavit to ensure verification of facts.

Answer 1

The Correct Option is B

Step 1: Understanding Section 26 of the CPC:
Section 26 of the Civil Procedure Code (CPC) deals with the institution of suits and the manner in which facts are proved. According to the amendment made in 2002, every plaint must be accompanied by an affidavit in which the plaintiff verifies the correctness of the facts stated in the plaint. This is known as the “Verification by Affidavit.”
Step 2: Importance of Affidavit in the Plaints:
The purpose of the affidavit is to ensure the authenticity and truthfulness of the statements made by the plaintiff. It helps the court to verify that the pleadings are based on actual facts known to the plaintiff and not on assumptions or false claims. The affidavit serves as a solemn declaration of truth, and any falsehood can attract penal consequences for perjury under the Indian Penal Code.
Step 3: Difference Between Oral and Documentary Evidence:
While oral and documentary evidence are essential during the trial phase to substantiate the claims made, Section 26 specifically requires that the facts in the plaint itself be verified through an affidavit at the time of institution of the suit. Thus, oral or documentary evidence does not fulfill the statutory requirement of Section 26 CPC.
Step 4: Final Conclusion:
Therefore, under Section 26 of CPC, the facts in every plaint must be proved and verified by an affidavit. This ensures that the plaintiff takes full responsibility for the truth of the statements made before the court.