SOUTHERN UNIVERSITY

BANGLADESH

An Assignment on:
Importance of orders 6, 7 & 8 of the Civil suit

Course: The Code of Civil Procedure (Part-1).

Order 6, 7 & 8 are interconnected and equally important in a civil suit.

What are the Pleadings?

Before understanding amend pleadings, there is a need to explain what is Pleadings and its
Rule. Pleadings are the statements which are the backbone of every civil suit. No civil suit will
come into existence if there are no Pleadings. Pleadings have been defined under Order 6 Rule
1 of CPC which states that Pleading shall be Plaint or Written Statements. Plaint is the
statements filed by the Plaintiff in a Civil Court to prove his claim whereas written statements
are the what rules to be followed while drafting of:

a), Pleading should contain the facts but no law should be applied in pleadings. Only the court
has the power to apply the law on the basis of fact stated in the Pleadings. In the case of Gouri
Dutt Ganesh Lal Firm v. Madho Prasad, honorable court stated that Pleadings should be defined
in four words – “Plead Facts, not laws”.
b) Pleadings should contain material facts. Parties should avoid using immaterial or irrelevant
facts in the Pleadings. In the case of Virender Nath v. Satpal Singh, the court stated that
material facts are those facts which help Plaintiff to define his cause of action or defendant to
strong his defense.
c) Parties should not give the evidence in the pleadings from which facts are proved. Pleadings
should contain the material facts in the brief form. Parties should avoid using irrelevant or
immaterial statements while drafting the Plaint.

• A civil suit is instituted with the presentation of plaint. Plaint is to be submitted to the
proper court with proper jurisdiction as per rules in order 7 of the Code of Civil
Procedure, 1908.
• For the purpose of defending the defendant submits the written statement as per rules
in order 8 of the Code Of Civil Procedure, 1908.
a) Being a common order both for plaint and written statement, pleadings avow basic
position of the parties in a civil suit. It enables the court to decide the rights of the
parties in a trial. And the order 6 deals with pleadings.
Importance of order 6 in a civil suit
Order 6 is applicable both for plaint and written statement. Both plaintiffs and defendant are to
follow the rules of Order 6. Pleadings contain complaints, answers, reply and counterclaims.
The aim of pleadings is to ensure that the issue in dispute are properly detailed to eliminate
further delays or expenses. It narrows down the controversies between the parties
b) Pleadings shall mean plaint and written statement as seen from order 6 rule 1
Importance of pleadings
1. Plaintiff with the presentation of plaint seeks remedy for being aggrieved and also states
why he is aggrieved as well as exercises his right to sue.
2. Defendant to defend himself submits the written statement where he denies specific
grounds alleged by the plaintiff or admits grounds. And by such defence he prefers the
suit to be dismissed.
3. It prevents one party from taking the other by surprise at the time of hearing.
4. It helps to avoid embarrassment and prevents the miscarriage of justice.
5. It brings both parties to a definite issue.
Essential Ingredients of pleadings:
Order 6 rule 2 provides the following ingredients:
a)Pleadings should state fact not law
b)The fact should be material facts
c)Pleadings should not state the evidence

*Order 7 Rule 11 of CPC, discusses Rejection of Plaint. CPC, 1907 contains a provision in Order 7
Rule 11 of the code that whenever a plaint is filed in any civil court for any claim/compensation
to be recovered from the opposite party it can be rejected by fulfilling the following conditions
mentioned below.

Provisions on rejection of plaint under the Code of Civil Procedure

2.) Order 7 Rule 13 – Where rejection of plaint does not preclude presentation of fresh plaint
-The rejection of the plaint on any of the grounds mentioned in rule 11 shall not of its own force
preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Two modes of rejecting plaint

The Defendant can file an application in the form of Interlocutory Application in any stage of
proceedings.
Suo moto rejection under order 7 rule 11. Suo moto means own its own motion the court can
itself try a suit under order 7 rule 11 if the plaint fulfils the conditions above discussed.

8. deals with written statement. A written

 8 deals with written statement: A written statement is the defence of the defendants.
In general this is a reply of plaint in which defendant deny or admit each and every
allegation of facts given in the plaint. As seen from order 8 Rule 1 A defendant should
within 30 days from the service of summon on him present a written statement of his
defence extendable for another 60 days but reasons to be recorded for such extension.
Ingredients of written statement

• A statement in concise form of material facts on which the defendant bases his defence

• Material facts should be stated chronologically

• the defendant should reply to all allegations made in the plaint and also raise all points of
law and facts which shows that the suit is not maintainable

• All material allegations must be specifically converted and any such allegation if not
denied shall be deemed to have admitted

• if it is a money suit the defendant may claim set off

• the defendant may also counterclaim in his defence

• the defendant relies upon several distinct grounds of defence or set off founded upon
separate and disti statements defined in Order 8 Rule 1 of CPC which states that defendant
should file written statements in 30 days from the date of issuance of the summons.
Written statements are filed by the defendant for his defense. Plaint has not defined in CPC
but it can be termed as pleadings of Plaintiff from which civil suit is initiate Pleadings should
be properly drafted and it should not contain any vague or unambiguous statements.
Pleadings are those material facts which helps plaintiff to define the cause of action and
defendant to establish his defense in a civil suit. At the outset, there is no gainsaying that
procedural justice is imbibed to provide further impetus to substantive justice. On the other
hand, we must be mindful of the legislative intention to provide for certainty and clarity. In
the name of substantive justice, providing unlimited and unrestricted rights in itself will be
detrimental to certainty and would lead to the state of lawlessness. In this regard, this Court
needs to recognize and harmoniously stitch the two types of justice