Code of Civil Procedure, 1908 | Order VI - Pleadings

Order VI Rule 14 CPC - Pleading to Be Signed

Order VI Rule 14 of the Code of Civil Procedure, 1908 governs who must sign a pleading filed in a civil case. It generally requires the signature of the party and their pleader, if any, while allowing an authorised person to sign when the party cannot do so because of absence or other good cause.

Order VI Rule 14 CPC: Statutory Text

Heading: Pleading to be signed.

Every pleading shall be signed by the party and his pleader (if any):
Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf.

This provision belongs to Order VI (Pleadings Generally) of the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 1908). Consult the official India Code legislation portal for the central legislation and amendments.

Meaning and Legal Requirements

1. The party must ordinarily sign

A plaint, written statement or other pleading must normally bear the signature of the party presenting it. The signature links the pleading to the person advancing the claims or defence. Where the party engages a pleader, the rule also requires the pleader's signature.

2. Signature by a duly authorised person

The proviso addresses a party who cannot sign because of absence or other good cause. In that situation, another person may sign if duly authorised by the party to sign the pleading or to sue or defend on the party's behalf. The existence and extent of authority may need to be demonstrated if questioned.

3. Authorisation must be genuine and sufficient

Merely having knowledge of the dispute does not automatically confer authority to sign for another person. Depending on the circumstances, an authority letter, power of attorney, corporate authorisation or other legally sufficient authority may be relevant. The appropriate evidence of authority depends on the party, proceeding and applicable rules.

4. Pleader's signature and the party's signature serve different roles

A lawyer signing as pleader does not by itself eliminate the general requirement that the party sign, unless the proviso is properly engaged. The procedural role of the pleader is distinct from the authority of a person who signs on behalf of a party unable to sign.

5. Signing is different from verification

Order VI Rule 15 CPC deals with verification, including identifying which statements are verified from personal knowledge and which are based on information believed to be true. Compliance with Rule 14 does not dispense with separate verification or affidavit requirements where applicable.

Practical point: Before filing, check that the correct party or duly authorised signatory has signed, that the pleader has signed if engaged, and that verification and other filing requirements have been completed separately.

Practical Illustrations

Individual plaintiff

A person filing a money recovery suit through an advocate ordinarily signs the plaint, and the advocate also signs it. The pleading is then verified in accordance with the applicable rules.

Party temporarily outside the jurisdiction

If a party cannot sign because of absence, the proviso may permit a duly authorised person to sign on that party's behalf. The relevant authorisation should cover signing the pleading or conducting the suit or defence, and any other applicable procedural requirements must be satisfied.

Company or other juristic person

Where a company litigates, its pleading is signed through a properly authorised natural person, subject to applicable CPC provisions and corporate authority. Order XXIX Rule 1 CPC also addresses signing and verification of pleadings by or against corporations; it should be read with the facts and governing procedural rules.

Order VI Rule 2: requires pleadings to state material facts concisely rather than evidence.
Order VI Rule 14A: requires a statement of the party's address for service with the pleading, signed as provided in Rule 14.
Order VI Rule 15: governs verification of pleadings.
Order VI Rule 15A: provides special verification requirements for applicable commercial disputes.
Order III Rules 1 and 2: address appearances, applications and acts by parties, recognised agents and pleaders, subject to their terms.
Order XXIX Rule 1: addresses signing and verification in suits by or against corporations.

Explore the Code of Civil Procedure guide and check the India Code official website for statutory materials.

Frequently Asked Questions

Who must sign a pleading under Order VI Rule 14 CPC?

Ordinarily, the party and the pleader, if any, must sign every pleading.

Can someone else sign a plaint or written statement?

Yes. If the party cannot sign because of absence or other good cause, a person duly authorised to sign or to sue or defend on the party's behalf may sign.

Is a lawyer's signature alone always sufficient?

No. The general rule requires the party's signature as well as the pleader's signature, if there is a pleader. The proviso allows a duly authorised person to sign when the party is unable to sign for the stated reasons.

Are signing and verification the same requirement?

No. Order VI Rule 14 deals with signing; Order VI Rule 15 separately governs verification of pleadings.

Does Order VI Rule 14 specify the form of authorisation?

The rule requires due authorisation but does not prescribe one universal instrument for every situation. The court may examine the authority and applicable procedural requirements.

Legal note: This explanation concerns the general central CPC rule. Applicable High Court rules, state amendments, special statutes and electronic filing directions may impose further requirements. Verify the current local practice before filing.