Suit – Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured – Plaint can be returned for want of cause of action. Only the averments made in the plaint are considered,Suit – Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured.
Civil Procedure Code, Order 19 Rule 1: Non-filing of an affidavit in support of an application may be an irregularity ...