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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Meera Textiles Pvt. Ltd. of Surat files a plaint in a civil court against a supplier. Under Section 26 of the Code of Civil Procedure, 1908, which statement correctly describes how facts in the plaint are to be supported?

Section 26(2) requires that in every plaint the facts be proved by affidavit, and the proviso says the affidavit must follow the form and manner prescribed under Order VI Rule 15A. It is not optional, and no advocate certificate or oral evidence replaces it.

  1. AFacts in the plaint shall be proved by affidavit, in the form and manner prescribed under Order VI Rule 15ACorrect
  2. BFacts in the plaint need not be supported by any affidavit unless the defendant objects
  3. CFacts shall be proved only by oral evidence of the plaintiff at the first hearing
  4. DFacts shall be supported by a certificate from an advocate instead of an affidavit

Explanation

Section 26(2) provides that in every plaint, facts shall be proved by affidavit. The proviso links the affidavit to the form and manner prescribed under Order VI Rule 15A. The other options invent alternatives not found in the section.

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