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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Asha Textiles Pvt Ltd files a plaint in a civil court. As per Section 26(2) of the Code, what is required regarding the facts in the plaint?

In every plaint the facts shall be proved by affidavit, as Section 26(2) states. The affidavit follows the form and manner prescribed under Order VI Rule 15A, so neither a chartered accountant's certificate nor two oral witnesses is the required method.

  1. AFacts must be proved by affidavitCorrect
  2. BFacts must be certified by a chartered accountant
  3. CFacts must be proved by oral evidence of two witnesses
  4. DFacts need no proof at the stage of plaint

Explanation

Section 26(2) states that in every plaint, facts shall be proved by affidavit. The affidavit must be in the form prescribed under Order VI Rule 15A, as the proviso notes. The other options have no basis in the section.

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