Correct option is A
Section 26 of the Civil Procedure Code, 1908, requires that facts mentioned in a plaint must be proved by an affidavit. An affidavit is a written statement made under oath, affirming the truth of the facts stated in the plaint, and it must accompany the plaint to ensure the veracity of the claims.
Information Booster:
Section 26 of the Civil Procedure Code (CPC), 1908, emphasizes that every suit must be instituted by filing a plaint and that facts stated in the plaint must be supported by an affidavit. This affidavit is intended to ensure that the plaintiff is presenting truthful and honest claims before the court.
Key Provisions of Section 26:
1.
Plaint Accompanied by Affidavit: The affidavit is a sworn statement by the plaintiff that the facts mentioned in the plaint are true to the best of their knowledge. This requirement was introduced through an amendment to enhance the integrity and reliability of the information provided in legal proceedings.
2.
Supporting Evidence: The affidavit complements other forms of evidence that may be required to prove the facts at later stages of the trial, such as oral evidence, documentary evidence, and examination of witnesses.
Additional Knowledge:
1.
Oral Evidence (Option b):
Oral evidence can be presented during the trial, but it is not required at the stage of filing the plaint. Oral evidence involves witnesses giving testimony in court, but this occurs later in the judicial process.
2.
Document (Option c):
Documentary evidence may be submitted during the trial to support the facts, but
Section 26 requires that facts in the plaint be verified by an affidavit when the plaint is filed.
3.
Examination of Plaintiff (Option d): The examination of the plaintiff involves questioning the plaintiff in court, but this happens during the trial. It is not required for proving the facts at the time of filing the plaint under Section 26.
