The objectives and general rules of pleading order 6 7 and 8 of CPC

INTRODUCTION: The term 'plead' means to request or ask for something in a polite
and humble manner. Now, such request can be made orally or in written or in any
other form that signifies a request being made by one before another person or entity
which is in a position to grant that request. The contents of such request, in general,
is called pleading.

What is Pleading?

Order 6 Rule 1 of the Code of Civil Procedure, 1908 (hereinafter 'CPC) defines
pleadings as "plaint or written statement"..

The word ‘plaint’ is undefined in the code. However, it can be said to be the
statement of claim – a document that contains the material fact by the presentation
of which a suit is instituted in the court of law.

The word ‘written statement’ has also not been defined in the code. In ‘Food
Corporation of India vs Yadav engineer and contractor‘, it has been defined as a
term of specific connotation ordinarily signifying a reply to the plaint filed by the
plaintiff.

According to Cornell Law School, The pleading is the beginning stage of the
lawsuit in which parties formally submit their claims and defences.

Objective of pleading
The whole objective behind pleading is to narrow down on the issues and provide a
clear picture of the case thereby enhancing and expediting the court proceedings.
The pleadings help both the parties know their point of dispute and where both
parties differ so as to bring forth the relevant arguments and evidence in the court of
law.

Here are four objectives of pleading:

● Pleadings ascertain the actual issues between the parties.
● Pleadings state the issues to avoid surprise to the other party.
● Pleadings narrow down the area of conflict.
● Pleadings state the facts which need to be proved at the trial.

In ‘Virendra Kashinath vs Vinayak N. Joshi‘, the Supreme Court stated, “the

object of the rule is twofold:
● First is to afford the other side intimidation regarding the particular facts of his
case so that they may be met by the other side.
● Second is to enable the court to determine what is really the issue between
the parties.”
Importance of Pleading
The fate of the suit lies on the pleading as;
● Pleading determines the burden of proof.
● It aids the court in the final decision of the case.
● Pleading enables the court to decide the right of the parties in the trial.
● Pleading enables the opposite party to know the case.

Rules of Pleadings
The four words which can crisply summarise the rule of pleading is ‘Plead facts not
law’. The counsel of both the parties should only project the facts in their respective
case rather than suggesting on the laws applicable in the particular case.

The rules can be studied in two parts :

● Basic or Fundamental Rules
● Particulars or other rules

Basic or Fundamental Rules

Basic or Fundamental Rules are discussed in the sub-rule (1) of Rule 2 of Order VI
of the Code of Civil Procedure, 1908.

They are as follows:

● Pleading should state the facts.
● The fact should be material facts.
● Pleading should not state the evidence.
● The facts stated in the pleading should be in a concise form.

Let us learn more about these four points in detail.

1. Pleading should state the facts.

This was first held in the case Kedar Lal v. Hari Lal where it was held that the
parties are under the duty to state the facts on which they are claiming their
compensation. The court shall apply the law as per the stated facts to render the
judgement. One should not assert or apply any laws for claiming right on the stated
facts.

2. The fact should be material facts.

The second basic rule is to present facts which are material only. Immaterial facts
shall not be considered. The question arose in the court of law that what is the actual
scope of ‘material facts’. It was decided by the judge in the case Union of India v.
Sita Ram that material facts will be inclusive of all those facts upon which the
plaintiff’s counsel will claim damages or rights as the case may be or the defendant
will put forth his defence. In nutshell, facts which will form the basis for claiming a
right or compensation by the plaintiff or prove the defendant’s defence in the written
statement will fall under the ambit of being ‘material’.
3. Pleading should not state the evidence
It says that pleadings should contain a statement of material facts on which the party
relies but not the evidence by which those facts are to be proved.
There are two types of facts :
● Facts probanda : the facts which need to be proved, i.e material facts
● Facts probantia: facts by which a case is to be proved, i.e evidence
Only facts probanda should form the part of pleadings and not facts probantia. The
material facts on which the plaintiff relies for his claim or the defendant relies for his
defence are called facta probanda, and they must be stated in the plaint or in the
written statement, as the case may be.

4. The facts stated in the pleading should be in a concise form.

The last fundamental rule of pleading is that the pleading should be in a concise
form. Unnecessary and irrelevant details should not be added to the pleading.
Instead, pleading should be precise, clear and specific.

Particulars or other rules

Besides the four afore-mentioned fundamental rules, there are certain other
particular rules which need to adhere while drafting a pleading. Rules 3 to 16 of
Order 6 specifically provide several guidelines to be followed for pleading. These
guidelines constitute the other rules of pleadings. These are:

● In a case for misrepresentation or criminal breach of trust or fraud or wilful

default in payment of due, specific particulars with respect to dates and items
should be mentioned in the pleadings.
● If there is a condition precedent to taking legal action and if such condition is
fulfilled, it is not required to be mentioned. However, if it is not fulfilled, it is
essential that the fact is mentioned with reasons. For instance, under Section
80 of the CPC, no legal action can be brought against the government without
two months’ notice. Thus, if the notice is not served, the plaintiff must mention
this and the reason for non-adherence.
● A pleading can be amended at a later stage of the proceeding provided no
new ground for a claim or new allegations are added to the original pleadings.
● Every pleading must be verified by the party whose pleading it is and it must
be accompanied by a sworn affidavit which forms the deposition of the party
and all these documents must be under the signature of the party concerned.

Conclusion
To conclude, we can say that Pleadings form the backbone of any legal suit. The
case is set out in the pleading. It guides the parties to form the arguments and know
the contentions of the other party so as to frame claims or defence by either party
respectively. It is guidance in the whole journey of the suit.