Practice and Procedure

Affidavit

— Rules relating to affidavit and verification — Nature of compliance necessary — Opportunity to rectify defects — Giving of — Held, what needs to be seen in petition concerned is (1) whether there is substantial compliance with the requirements, and (2) even if there is some breach or omission, whether it can be fatal to the petition — If there is some slight defect or irregularity in filing of affidavit, party concerned should be given an opportunity to rectify the same, as was correctly done by courts below in present case in respect of company petition filed by respondent, (2006) 6 SCC 197-A

Practice and Procedure

Affidavit

— Defect in/non-compliance with applicable rules — Need for timely raising of plea as to — Appellant raising plea of defective affidavit seven years after filing of company petition concerned — Tenability — Held, such plea cannot be considered effective to review order (of advertisement) passed on the said company petition — Had objection been taken early on, respondent would have cured the defect, (2006) 6 SCC 197-B