Order VI Rule 15A CPC: Verification of Pleadings in Commercial Disputes
Order VI Rule 15A of the Code of Civil Procedure, 1908, as applied to commercial disputes under the Commercial Courts Act, 2015, requires pleadings to be verified by a prescribed affidavit known as the Statement of Truth. It establishes who may sign, how amendments are verified and the consequences of non-compliance.
Order VI Rule 15A CPC - Statutory text
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 authorised 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.
The provision appears in the CPC as modified by the Schedule to the Commercial Courts Act, 2015. Check any applicable amendments and the rules or directions of the court concerned.
What does Order VI Rule 15A mean?
A pleading ordinarily means a plaint or written statement under Order VI Rule 1 CPC. Verification is a formal confirmation by a person acquainted with the facts that the pleading is accurate according to the required standard. A Statement of Truth is the prescribed affidavit accompanying the pleading in a commercial dispute.
The rule strengthens accountability for factual assertions in commercial litigation. It must be read with the Commercial Courts Act, 2015, and the prescribed Appendix, rather than treating the affidavit as a generic declaration.
Who must verify and how?
1. Prescribed affidavit and form
Sub-rule (1) requires verification by affidavit in the manner and form prescribed in the Appendix to the Schedule. The precise form matters: a routine verification paragraph at the end of a pleading may not satisfy the separate Statement of Truth requirement.
2. Signature by a person with knowledge and authority
Under sub-rule (2), the party, one of several parties, or another person acting for them may sign, provided that person is shown to the court to know the case facts and is duly authorised. For a company or other organisation, the signatory should have suitable authority and familiarity with the relevant records.
3. Verification of amended pleadings
Sub-rule (3) requires amendments to be verified in the same prescribed manner, unless the court orders otherwise. Parties should not assume that the original affidavit automatically verifies later factual amendments.
What if a Statement of Truth is missing?
Sub-rule (4) provides that a party whose pleading has not been verified as prescribed cannot rely on that pleading as evidence or on the matters set out in it. Sub-rule (5) also gives the court power to strike out a pleading not verified by a Statement of Truth. The wording of sub-rule (5) is discretionary: it says the court may strike out the pleading, not that every omission automatically results in rejection.
Where a defect is discovered, the appropriate response depends on the applicable procedural rules, stage of proceedings, judicial directions and facts of the case. Parties should seek prompt legal advice rather than presume that later filing will always cure the defect.
Practical illustrations
Commercial recovery suit
A supplier files a commercial suit for unpaid invoices. The plaint should be accompanied by the prescribed Statement of Truth, signed by a person with the requisite knowledge and authority.
Company's written statement
A defendant company may arrange for a duly authorised officer familiar with its records to verify the written statement. Authority and knowledge should be capable of being demonstrated if questioned.
Amendment after filing
A party amends its commercial pleading to include additional transactions. The amendments must be verified in the prescribed form unless the court orders otherwise.
Related CPC provisions and official resources
Order VI Rule 14 deals with signatures on pleadings; Order VI Rule 15 deals with ordinary verification; Order VI Rule 16 concerns striking out pleadings; and Order VI Rule 17 concerns amendments. These rules must be read with the special commercial-dispute framework where applicable.
For authoritative legislation, consult the Government of India's India Code portal and search for the Code of Civil Procedure, 1908 and the Commercial Courts Act, 2015, including its Schedule. The prescribed Statement of Truth form appears in the Appendix to that Schedule.
Frequently asked questions
What is a Statement of Truth under Order VI Rule 15A?
It is the prescribed affidavit verifying a pleading in a commercial dispute. It follows the form in the Appendix to the CPC as amended for commercial disputes.
Who can sign the verification affidavit?
A party, one of the parties, or another duly authorised person who is shown to the court to be acquainted with the facts of the case.
Does Rule 15A apply to every civil suit?
No. It concerns commercial disputes governed by the commercial-courts procedural framework; ordinary civil pleadings are generally verified under Order VI Rule 15.
What happens when the Statement of Truth is missing?
Sub-rule (4) restricts reliance on an improperly verified pleading and sub-rule (5) empowers the court to strike out a pleading lacking the prescribed Statement of Truth. The court determines the procedural consequences in the particular case.
Must amended pleadings be verified again?
Yes. Sub-rule (3) requires verification of amendments in the prescribed form and manner unless the court orders otherwise.
This article provides general legal information and is not a substitute for the applicable statute, court rules or case-specific advice.