1. Mandatory Requirements of Verification of Pleadings and Supporting Affidavits (Section 139 and Order VI Rule 15 CPC)
Core Issue: What is the legal purpose of verifying pleadings and furnishing a supporting affidavit, and whether casual or non-sworn affidavits satisfy the requirements of Section 139 and Order VI Rule 15 of the CPC?
Holding: The purpose of verification is to fix responsibility for averments and allegations made in pleadings, clearly demarcating personal knowledge from information received and believed to be true. Filing a supporting affidavit is not an empty formality and cannot be done in a casual or negligent manner; affidavits that are not sworn before authorized officers in accordance with Section 139 and Order VI Rule 15 CPC are invalid.
Key Paragraphs: Paragraphs 10, 11, and 12.
Ratio:
"The filing of the affidavit is again not a formality and a party has to be extremely careful of what it is stating on oath. The same cannot be filed in a casual and negligent manner." (Paragraph 11)
2. Violation of Caveat Principles and Ex Parte Orders (Section 148A CPC)
Core Issue: What is the legal implication under Section 148A of the CPC when an ex parte interim order or injunction is granted by a court despite the filing of a valid caveat?
Holding: A caveat is founded on the principle of Audi Alteram Partem requiring both sides to be heard. Granting interim relief without notice when a valid caveat is on record is a violation of principles of natural justice and warrants setting aside the impugned ex parte order.
Key Paragraphs: Paragraphs 13 and 14.
Ratio:
"Apparently, despite the petitioners herein/R3, R1 and R4 filed Caveat... which is valid till 16.09.2025, the trial Court vide Order, dated 09.09.2025 directed both parties to maintain status quo... which is violation of principles of natural justice." (Paragraph 14)
