Fundamental Rules Relating To Pleadings

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: Date:

Signature

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.