Pleadings

• Definition – Submission to the court narrating the facts and the relief sought

• CPC 1908 –Order 6 Rule 1 states “Pleadings shall mean plaint or written statement.”

Object of Pleadings

• Determine issues for testimonial purposes• Eliminate any chances of being caught by surprise (since

all the issues are detailed)• Avoid making an altogether new case at the time of trial• Avoid deviation from course of litigation• Once the pleadings are clearly set out, it becomes easy

for the court to decide matters• Know the basis of both the parties’ claim or defense• Have knowledge of relevant questions which will be

argued

Features of Pleadings

• Meant to facilitate the course of justice

• No pedantic or dogmatic approach

• Concise statement of facts

• Pleadings are not an expression of art or science but an expression through words to place fact and law of one’s case for relief

Order 6 rule 2

• Pleadings shall state only material facts and not evidence

• Pleadings shall be divided into paras, each allegation being contained in a separate paragraph

• Dates, sums and numbers shall be expressed in figures as well as words

• (two fold purpose of rule 2 prepare both the sides by stating all the facts and enable the court to determine what is the real issue.)

Order 6 rule 3

• Talks of prescribed forms

Order 6 rule 4

• Says that all particulars, wherever necessary, should be stated in pleadings.

Order 6 rule 5

• Stands omitted after amendment in 2002.

• Dealt with any party being able to ask for better statement or particulars

Order 6 rule 14

• States that every pleading shall be signed by the party and his pleader

• Rule 14 A says every pleading shall be accompanied by a statement in the prescribed form regarding the address of the party

Order 6 rule 15

• Every pleading shall be verified in the end by the party• The person verifying shall specify, by reference to the

numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received or believed to be true.

• Verification will also state date and place• An affidavit shall also be furnished in support of the

pleadings• (Verification is not merely a formality as the object of

verifying is to fix responsibility for the statement made in the pleadings. Any defect in verification may render the plaint rejected)

Order 6 rule 16

• Relates to striking out of those pleadings which are unnecessary, scandalous, frivolous, vexatious, prejudiced, embarrassing or abusive

Order 6 rule 17

• Deals with amendment of pleadings before commencement of trial

• Court can grant permission to amend mid-trial if the court reaches the conclusion that in spite of due diligence the party could not have raised the matter before commencement of trial.

• The rule was amended in 2002. Before 2002 pleadings could be amended at any point -before and after commencement of trial, even during appeal. Now permission for amendment is granted only before framing of issues except in extraordinary circumstances.

Plaint order 7 of CPC

• Order 7 rule 1 talks of the particulars required in a plaint-• The name of the court in which the suit is brought• Name, description and place of residence of plaintiff• Name, description and place of residence of defendant

as far as can be ascertained• Where either the plaintiff or the defendant is a minor or a

person of unsound mind, a statement to that effect.• Facts constituting the cause of action and when it arose• Facts showing that the court has jurisdiction• A statement of the value of the subject matter of the suit

for the purposes of jurisdiction and court fees.• Relief which the plaintiff claims

Order 7 rule 1 (contd)

• The plaint is an elaboration of facts constituting the cause of action therefore the cause of action must be ascertainable by reading the plaint as a whole

• Plaintiff must be a legal person

• Full description of parties to facilitate identification, valuation of suit and court fees

Order 7 rule 2

• In case of a monetary suit, the precise amount being claimed should be specified

Order 7 rule 3

• In case of immoveable property, the concerned property should be clearly identified by way of a map or certain landmarks

Order 7 rule 5

• The interest and liability of the defendant must be shown

Order 7 rule 6

• The ground for exemption from limitation law should be shown in the plaint

Order 7 rule 7

• Every plaint shall specifically state the relief and the plaintiff will not be granted relief if not prayed for in the plaint

Order 7 rule 11

• Grounds for rejection of a plaint• Does not disclose the cause of action• Relief claimed is undervalued or the

plaintiff being required to supply requisite stamp paper within a fixed time period, fails to do so. plaint is written on paper which is insufficiently stamped

• Suit appears to be barred under any law• Not filed in duplicate

Order 7 rule 14

• All documents in possession of plaintiff and being relied upon by plaintiff shall be entered in the list called “List of reliance”

• The documents could be in possession of plaintiff or in possession of another. The documents in possession of another are to be mentioned and those with plaintiff are to be submitted along with plaint

• No documents can be submitted mid trial without permission of the court

Format of a plaint• The heading & title (including name of court,

number of suit, nature of suit, details of both the parties)

• The body (facts, date & nature of cause of action, appropriate jurisdiction)

• Prayer/Relief sought (including payment of court fee)

• Signatures• Verification• Affidavit•

Written statement

• Order 8 rule1 says that the defendant is supposed to file a written statement of his defense within 30 days from the date of serving of summons on him

• Order 8 rule 1A states that the defendant is liable to produce documents upon which relief is claimed in his written statement

Order 8 rule 3

• A general denial is not sufficient in the written statement. The defendant must specifically deal with each allegation of fact of which he does not admit the truth, except damages

Order 8 rule 4

• There should be no evasive denial, it should be definite and unambiguous

Order 8 rule 5

• Every allegation not denied specifically, shall be taken to be admitted except in case of a person with disability

Order 8 rule 6

• Besides his defense in the written statement, the defendant can also put up a counterclaim provided it does not exceed the pecuniary limits of the jurisdiction of the court

Order 8 rule 9

• Restrains any pleading subsequent to the written statement of a defendant being filed

• Amendment of written statement can be done only if the court deems fit and grants permission.

• Court may at any time require an additional written statement from any of the parties and fix up a period of not more than 30 days for submission of the same

• No rules prescribed under CrPC as mentioned in CPC. • Pleadings have assumed importance under criminal law.• The accused as well as the complainant are required to

file various applications from time to time in the court• Ex- application for bail in a non-bailable offence• Ex- complaint to magistrate for any offence committed• No statutory requirement for pleadings in criminal law as

in the case of civil law