THE PLEADINGS GENERALLY
• Order-6 of CPC. Explains about the "Pleadings Generally". It
contains 18 Rules.
• Order-7 deals with Plaint, it contains 18 Rules,
• Order-8 deals with Written statement, Set-off and "counter-claim."
Rules 1 to 5 and 9, 10 of the Order-8 explain about Written
statement. Rules 6 and 7 of the Order-8 explain about Set-off and
Rules 6-A to 6-G of the Order-8 explain about the Counter-Claim.
• MEANING: Pleadings - A formal statement of the cause of an action
or defence
• DEFINITION: Rule-1 of Order-6 defines 'Pleadings': "Pleadings shall
mean plaint or written statement
Introduction:
• 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 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.
• 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.
• What rules to be followed while drafting of pleadings?
1. 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, the honorable court stated that Pleadings should be defined
in four words – “Plead Facts, not laws”.
2. Parties should not give the evidence in the pleadings from which facts are
proved.
3. 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 helps Plaintiff to define his cause of action or defendant to strong
.
his defense.
4. Pleadings should contain the material facts in the brief form. Parties
should avoid using irrelevant or immaterial statements while drafting
the Plaint.
THE FUNDAMENTAL RULES RELATING TO PLEADINGS
1. PLEADINGS TO STATE THE FACTS AND NOT EVIDENCE:
Rule-2 of Order-6 enacts that every pleading shall contain and contain
only a statement in a concise form of the material facts on which the
party pleading relies for his claim or defence, as the case may be, but not
the evidence by which they are to be proved.
Every pleading shall, when necessary, be divided into paragraphs,
numbered consecutively, each allegation being, so far as is convenient,
contained in a separate paragraph. Dates, sums and numbers shall be
expressed in a pleading in figures as well as in words.
• Important points on Rule-2:
• (a) It is the duty of the parties to state only the material facts and not evidence
• (b) All necessary particulars must be embodied in the pleadings
• (c) The pleadings must not only be in concise, but also precise
• (d) Questions of law need not be pleaded.
• (e) Pleas and facts constituting them should be clearly expressed.
• (f) Relief could be given only on the basis of pleadings.
• (g) Evidence can be let in only on the basis of pleadings.
• (h) A plea not raised in pleadings cannot be argued. If there is no pleading,
there is no cause of action.
• 2.PARTICULARS:
• Rule-4 explains that particulars shall be given wherever necessary. In all
cases in which the party pleadings relies on any misrepresentation, fraud,
breach of trust, wilful default. or undue influence, and in all other cases in
which particulars may be necessary beyond such as are exemplified in the
forms aforesaid particulars, with dates and items if necessary shall be
stated in the pleadings.
• Important points on Rule 4
• (a) Although pleadings must be concise, they must also be precise.
• (b) A plea of fraud, or misrepresentation, or breach of trust or willful
default or undue influence must be raised in clear and specific terms and at
the earliest opportunity.
(c) General allegations of the above class, however strong they may be,
are insufficient. They must he supported by particulars.
(d) Failure to give particulars after order: If the order directing a party
to give particulars, is not obeyed, then if the plaintiff is in default, he
should have his action stayed, and if the defendant is in default his
defence should be struck out.
3. FURTHER AND BETTER PARTICULARS:
Rule-5 provides that further and better statement or particulars shall be
stated in the pleadings in all cases when ordered upon such terms, as to
costs and otherwise, as may be just.
4. CONDITION PRECEDENT:
Rule-6 provides that whenever there is a condition precedent
that must be mentioned specifically in the pleadings.
Example: A maintains a hotel B is the supplier of certain food
items to A There is an agreement between A and B. The
condition that B must get the certificate from "Food Inspector"
certifying the food items before supplying them in the hotel.
This condition is "Condition Precedent" When a dispute arises
between A and B. the plaintiff must mention this "Condition
Precedent". If it is not mentioned in the pleadings, it gives the
meaning that the condition precedent has been performed by
the party.
• 5. DEPARTURE:
Rule-7 provides that no pleadings shall, except by way of amendment raise
any new ground of claim or contain any allegation of fact inconsistent with
the previous pleadings of the party pleading the same.
• Important points of Rule-7:
(a) The plaintiff should not departure from his original pleadings.
(b) If he wants to alter his pleadings, that can be done only with the leave
of the Court, by way of amendment
(c) Departure from pleadings causes inconvenience to the other party and
also to the Court.
(d) Amendment of plaint should not be allowed where the object is to get
round the effect of some admissions made by the plaintiff himself
• 6. DENIAL OF CONTRACT:
Rule-8 provides that in a pleading. regarding the dispute of a
contract, the contract is denied. It shall be deemed the bare
denial by the opposite party shall be construed only as a denial
in fact of the express contract, and not as a denial of the legality
or sufficiency in law.
• 7. DOCUMENT:
Rule-9 provides that the contents of the documents shall not be
stated in detail or any part of it. It is sufficient to state the effect
thereof as briefly as possible.
• 8. MALICE, FRAUDULENT INTENTION, ETC.
Rule-10 provides that wherever it is material to allege malice fraudulent
intention, knowledge or other condition of the mind of any person, it
shall be sufficient to allege the same as a fact without setting out the
circumstances from which the same is to be inferred.
• 9. NOTICE:
Rule-11 provides that wherever it is material to allege notice to any
person of any fact, matter or thing, it shall be sufficient to allege such
notice as a fact, unless the form or the precise terms of such notice or
the circumstances from which the notice is to be inferred are material.
Important points of Rule 11:
(a) The Rule-11 Is subject to Order-6 Rule - 6
(b) Where giving of notice is merely the performance of a condition precedent, it
need not be pleaded by the plaintiff
(c) Where the notice forms part of the cause of action, it must be pleaded as a fact.
Example: A notice to Government under Sec 80 CPC.
10. IMPLIED CONTRACT OR RELATION:
RULE-12 provides that wherever it is necessary to express implied contract or
relation, it shall be sufficient to allege such contract or relation as a fact and explain
it generally. It is not required to give in detail.
11. PRESUMPTIONS OF LAW:
Rule-13 provides the presumptions of law. It enacts that neither
party need in any pleading allege any matter or fact which the
law presumes in his favour or as to which the burden of proof
lies upon the other side unless the same has first been
specifically denied.
Example: Consideration for a bill of exchange where the
plaintiff sues only on the bill and not for the consideration as a
substantive ground of claim.
• 12 SIGNATURE:
Rule-14 provides that every pleading shall be signed by the party and his
pleader, if any or any, authorized person to sign on behalf of the party.
• 13 VERIFICATION OF PLEADINGS:
Rule-15 provides that every pleadings shall be verified at the foot by
the party or by one of the parties. The verification shall be signed by
the person making it and shall state the date on which and the place at
which it was signed.
• Object: The object of Rule-15 is to fix the responsibility on the party.
SPECIMEN FORM OF VERIFICATION
I, ------------------S/o----------------Aged -----years, R/o-------------- the plaintiff
above named, do solemnly declare that what is stated in paragraphs
from------ to -------- is true to the best of my knowledge and that what is
stated in the remaining paragraphs from---- to---- is stated on
information and belief, and I believe the same is to be true.
Place:
Signature
Date:
14. STRIKING OUT PLEADING:
Rule-16 provides that the Court may at any stage of the proceedings
need to be struck out or amended any matter in any pleadings
(a) which may be unnecessary, scandalous, frivolous or vexatious, or
(b) which may tend to prejudice, embarrass or delay the fair trial of the
suit or
(c) which is otherwise an abuse of the process of the Court.
• The following points should be kept in mind while drafting
a pleading: -
a) The names of persons and places should be accurately
given and correctly spelt; spellings adopted at one place
should be followed throughout the pleading;
b) Pronouns like "he" "she" or "that" should be avoided if
possible. Anyway such pronouns when used should clearly
denote the person or the thing to whom such pronouns
refer.
c) The plaintiff and the defendant should be referred not
only by their names. It is better to use the word "plaintiff'
or "defendant".
• d) Things should be mentioned by their correct names and the
description of such things should be adhered to throughout. ".
• f) Necessary particulars of all facts should be given in the
pleading. If such particulars are quite lengthy, then they can
be given in the attached schedule, and a clear reference made
in the pleading. For example, in an action for special
damages, it may be stated in the body of the pleading that
the details of special damages are given in the attached
schedule.
• g) In any pleading, the use of "if', "but" and "that" should be, as far as
possible, avoided. Such words tend to take away the "certainty" and
can cause ambiguity.
• h) Pleading should be divided into paragraphs and such paragraphs
should be numbered consecutively. The division of the pleading into
paragraphs should be so done as to endure that each paragraph deals
with one fact.
