ORIENTAL COMMERCIAL BANK LIMITED V. SHASHIKANT CHANDUBHAI PATEL

JUDGMENT OF THE COURT

There is only one issue for determination in the appeal before us: whether a plaint filed subsequent to an affidavit which purports to verify it, is competent and compliant with Order VII rule 1 (2) of the Civil Procedure Rules (now Order 4rule 2) (“the Rules”). The rule states as follows: - “The plaint shall be accompanied by an affidavit sworn by the plaintiff verifying the correctness of the averments contained in the plaint.”The consequence of non-compliance with that rule, as stated in sub-rule 3 is that the plaint is liable to be struck out either by the court on its own motion or on application of the defendant.

What is the background to the appeal?

The appellant herein, M/S. Oriental Commercial Bank (“the Bank”) was, on 8^th December, 2005 sued by Shashikant Chandubhai Patel (Patel) who claimed he was an employee of the bank through various written contracts since 1992, but on 30^th March, 2005, the bank unlawfully terminated his employment. As a consequence, …