Meaning of Pleadings

 Pleadings are the backbone of legal profession. It is the foundation stone on which case of a
party stands. The case of a party must be set out in the pleadings. Moreover, the relief
cannot be claimed on the grounds which are not contained in the pleadings. Pleadings are
legally drafted statement filed by the parties in Court as founding contentions to which each
one has to answer others contention. Order VI Rule 1 of Code of Civil Procedure defines it as
‘Pleading, shall mean plaint or written statement.’
Object and Importance of pleadings
 to bring the parties to definite issues;
 to prevent surprise and miscarriage of justice;
 to avoid unnecessary expense and trouble;
 to save public time;
 to eradicate irrelevancy;
 to assist the Court.
Basic Principles of Pleading
 Plead facts not Law
 Plead material facts only (Order VI Rule 2)
 Plead facts not Evidence
 Brevity and precision in Drafting
Order VI of CPC
 Rule 1 defines pleadings.
 Rule 2 states that only material facts shall be pleaded.
 Rule 4 states that whenever it is necessary, particulars (with dates and items) shall be stated
in the pleading.
 Rule 14 establishes that every pleading shall be signed by the party and his pleader.
 Rule 16 : The Court may at any stage of the proceedings, order to be struck out or amended
any matter in any pleading-
(a) which may be unnecessary, scandalous, frivolous or vexatious,
(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or
(c) which is otherwise an abuse of the process of the Court.
 Rule 17 : The Court may at any stage of the proceedings allow either party to alter or amend
his pleadings in such manner and on such terms as may be just, and all such amendments
shall be made as may be necessary for the purpose of determining the real questions in
controversy between the parties.
Plaint (Order VII)
 A Plaint is a statement of claim filed by the plaintiff wherein it states the material facts upon
which he relies in support of his case and claims and relief he desires.
 The object of the plaint is to acquaint the court and the opposite party (i.e the defendant)
with the case of the plaintiff.
 The real nature of the suit has to be gathered from the plaint as a whole upon the facts on
the basis of which the claim founded.
 Rule 1 : The plaint shall contain the following particulars-
(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be
ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement
 to that effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished; and
(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction
and of court fees, so far as the case admits.
 Rule 7: Every plaint shall state specifically the relief which the plaintiff claims either simply or
in the alternative, and it shall not be necessary to ask for general or other relief which may
always be given as the Court may think just to the same extent as if it had been asked for.
And the same rule shall apply to any relief claimed by the defendant in his written
statement.

Rule 11 : The plaint shall be rejected in the following cases-

(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to
correct the valuation within a time to be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently
stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper
within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law.

Written Statement (Order VIII)

 A statement of defences, called the “written statement” in which the defendant deals with
every material fact alleged by the Plaintiff in the plaint and also sets any new facts which
tells in his favour, adding such objection as he wishes to take to the claim.
 Rule 1: The defendant shall, at or before the first hearing or within such time as the Court
may permit, present a written statement of his defence.
 Rule 6: Particulars of set-off to be given in written statement.
 (1) Where in a suit for the recovery of money the defendant claims to set-off against the
plaintiff’s demand any ascertained sum of money legally recoverable by him from the
plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties
fill the same character as they fill in the plaintiff’s suit, the defendant may, at the first
hearing of the suit, but not afterwards unless permitted by the Court, presents a written
statement containing the particulars of the debt sought to be set-off. 
 Rule 6A: Counter-claim by defendant.
 (1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set
up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of
a cause of action accruing to the defendant against the plaintiff either before or after the
filing of the suit but before the defendant has delivered his defence or before the time
limited for delivering his defence has expired. whether such counter-claim is in the nature of
a claim for damages or not.

Order – I, Parties to Suits

 Rule 1 : Who may be joined as plaintiffs
 All persons may be joined in one suit as plaintiffs where-
  any right of relief in respect of same transaction is alleged to exist in such persons
 if such person brought separate suits, any common question of law or fact would arise
Rule 2 : Power of Court to order separate trials
 Where it appears to court that any joinder of plaintiff may embrace the trial of the suit,
the Court may put plaintiffs to their election or order separate trials.
Rule 3 : Who may be joined as defendants
All persons may be joined as defendants where –
 any right of relief in respect of same transaction is alleged to exist against such persons
 if such person brought separate suits, any common question of law or fact would arise
Rule 8: One person may sue on behalf of all in same interest (Representative Suits)
 When more then one person institute a suit or defend a suit for common interest so other
members of suit may appoint a representative for proceeding of suit either as a plaintiff or as a
defendant.
 Following elements are necessary for representative suit
 More than one person
 They shall have common interest in suit
 Leave of court
 Notice to opposite party
 In representative suit, representative has right to compromise, abatement and revision
of suit but it is subject to consent of other members and leave of the court.
 An act of representative should not be against the other member of the suit.
Rule 9: Mis-joinder and non-joinder
 No suit shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Court
may in every suit deal with the matter in controversy so far as regards the rights and interests of
the parties actually before it:
Provided that nothing in this rule shall apply to nonjoinder of a necessary party.
 Proper parties are those without whom the relief can be claimed, as this is not the party making
the claim for relief. This however, does not imply that proper parties are not ‘necessary’. They
are essential to the suit and required as well, however in their absence from the suit can not be
the sole reason for dismissal of a suit.
 Necessary parties are those parties without the presence of whom the relief can not be claimed
and the matter cannot be adjudicated upon.  Thus, in case the presence of necessary parties is
lacking, the court cannot adjudicate and pass a decree.
 In the case of Kasturi v Iyyamperumal, the court provided a two-fold test to determine what
qualifies as a necessary party. It was held that:
 In the matter involved within the proceeding in question, such party must have a right to
a relief; and
 It should not be possible, in any way, to be able to pass a decree in the absence of such
party.
 With regards to proper parties, it must be remembered that it is these persons that ultimately
allow the court to effectively and completely adjudicate the matters in the suit
Misjoinder
 When mistakenly a party was added to the suit is misjoinder. That means when a party was
added but he doesn’t have to do anything with the present issue then it considered to be
misjoinder.
 In case of misjoinder the court should not dismiss the suit rather; may order in such kind as the
order not bind on the mis joined party and the relief should be sought only upon the respective
necessary party.
There is no possibility of dismissal, since it won’t much affect the interest of the party at large.

Nonjoinder
 When a party is necessary to the suit and he was not added to the suit, then it is a non-
joinder.
 When the court found about the non-Joinder of the party who are necessity to the suit, and
adjudicating on such matter without them is a matter of waste, then the court can dismiss
the suit, or may order the plaintiff to add the necessary parties or may add the party on their
own.
 There is a possibility. Of dismissing the suit, in respect to the effectiveness of the
decree/order.
 Rule 13 : All objections on the ground of nonjoinder or misjoinder of parties shall be taken at
the earliest possible opportunity and, in all cases where issues are settled, at or before such
settlement, unless the ground of objection has subsequently arisen, and any such objection
not so taken shall be deemed to have been waived.

Cause of Action
 Cause of action means the reason behind the legal action or the set of fact behind the legal
action or the circumstances behind the legal action. It is fact and circumstances that forced
the person to prefer civil suit and to approach the court.
 Litigation will be dismissed without cause of action. It must be subject matter of conflict.
Merely pleading conflict doesn’t give rise of cause of action but must be reasoned by fact.
The reason for providing cause of action are, it throw a light in existing relationship between
the parties.
 It determines the conflicting matter or the true nature between the parties. Determine the
true nature between the party in nature of the subject matter. Unless these three are fulfilled
his client will be rejected plant will be rejected if not disclosing the cause of action. No cause
of action then no litigation. This cause of action has not been defined anywhere in the CPC.
 Order II, Rule 2 - Suit to include the whole claim— (1) Every suit shall include the whole of the
claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff
may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any
Court
 The elements of cause of action are
 the breach of duty owing by one person to another, and
 the damage resulting to the other from the breach, or the facts which give rise to
a right to sue.
 The court has to read the entire plaint as a whole to find out whether it discloses
a cause of action or not.