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One of the most misunderstood concepts in CPC is the difference between curable irregularities and defects that can affect institution of a suit itself.

Courts have repeatedly held that defects like verification or signature may sometimes be curable irregularities. But when it comes to affidavit requirements under Order VI read with Order IV CPC, the consequences can become much more serious.

The logic is simple.

If Order IV requires compliance with Order VI and Order VII, and affidavit forms part of that procedural requirement, then non-compliance can directly affect whether the plaint is treated as properly instituted at all.

This is exactly why procedural law cannot be understood through rote memorisation alone. You have to understand the reasoning, structure, and interpretation behind the provisions.

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