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Pleading

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31 views4 pages

Pleading

Uploaded by

sprakhar292
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Introduction

Pleadings form the foundation for any case in the court of law. It is a statement in writing filed by the
counsel of plaintiff stating his contentions on the case, on the basis of which the defendant shall file
the written statement defending himself and explaining why the plaintiff’s contentions should not
prevail. Sometimes the plaintiff, having filed his plaint, may, with the leave of the court, file a
statement or the court may require him to file a written statement. In such cases, the written statement
forms part of the plaintiff’s pleadings. Similarly, there are cases in which the defendant having filed
his written statement may, with the leave of the court, file an additional written statement or the
Court may require him to do so. In such cases the additional written statement also forms part of the
defendant’s pleadings.[1] This is the first stage of a suit. Code of Civil Procedure (CPC) in order 6,
Rule 1 defines pleadings as a written statement or a plaint. The plaintiff’s written statement and the
defendant’s additional written statement are termed supplemental pleadings.

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.

The Supreme Court on 25th March, 1972 while disposing a case praying for certain amendments in
an election petition, observed that rules of pleadings are intended towards giving justice and to act as
aids for fair trial.

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.

To gain a crystal clear understanding of the same, the rules can be studied in two parts that is:

1) Basic or Fundamental Rules

2) 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. Summarising the provision, the basic rules of pleadings are the following:

Facts should be pleaded upon and not the law


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.

Material facts should be pleaded


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’.

Evidence should not be included while pleading


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.[2]

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.[3]

Facts in concise manner should be presented


This is the last and final basic rule of pleadings. Compressed and crisp presentation must be adhered
while presenting the pleadings. At the same time it must be kept in mind that in order to maintain
brevity of facts one should not miss out on important facts in the pleadings. Pleadings can be saved
from superfluity if one takes care in syntax.
Particulars or other rules
1. Particulars with dates and items should be stated wherever fraud, misrepresentation,
breach of trust, undue influence or wilful default are pleaded in the pleadings.
2. Generally departure from pleading is not permissible, and except by way of amendment,
no party can raise any ground of claim or contain any allegation of fact inconsistent with
his previous pleadings.
3. Non-performance of a condition precedent should be specifically mentioned in the
pleadings. Performance of the same shall not form a part of the pleadings since it is
already implied.
4. If the opposite party denies a contract, it will be held as denial of the facts of the contract
and not its validity, enforceability and legality.
5. Wherever malice, fraudulent intention, knowledge or other condition of the mind of a
person is material, it may be alleged in the pleading only as a fact without setting out the
circumstances from which it is to be inferred.
6. Unless the facts are material, there is no need for the facts to be stated in verbatim.
7. Pleadings should only state the giving of a notice, when it is required to give a notice or
condition precedent, without disclosing the form or manner of such notice or giving
details of any circumstances from which the form of notice can be determined, unless the
same is material.
8. Implied relations between persons or contracts can be alleged as facts and the series of
conversations, letters and the circumstances from which they are to be inferred should be
pleaded generally.
9. The facts which deals with onus of proof or which favours a party shall not be pleaded.
10. Every pleading should be signed by the party or one of the parties or by his pleader.
11. A party to the suit shall provide with his and the opposite party’s address.
12. Each and every pleading need to be approved by making an affidavit by the party or a
person who is acquainted by the facts stated in the pleading.
13. A pleading may be ordered to be strike out by a court of law, if it feels the same is
scandalous, frivolous, unnecessary or intended towards embarrassing, prejudicing or
delaying a fair trial in the court.
14. Amendment of pleadings shall be allowed by the court
15. The pleadings shall be divided in proper paragraphs whenever required, consecutively
numbered and structured properly. Every argument or allegations must be in separate
paragraphs. Dates, sums and any totals shall be expressed in figures as well as in words so
as to maintain clarity for the judge as well as the parties concerned in the trial.
16. Forms in Appendix A of the Code should be used wherever they are applicable. Where
they are not applicable, forms of like nature should be used.
Amendment of Pleadings
Rules 17 and 18 of Order VI of Code of Civil Procedure, 1908 deal with amendment of pleading.
These provisions aim towards achieving justice in the society. Rule 17 of the Code of Civil
Procedure, 1908 provides either parties may be ordered to amend or alter his pleading at any stage of
the proceeding in such manner which shall be fair and just and allow amendment when necessary so
as to determine the exact controversial question between the parties.

On the other hand Rule 18 deals with the issue of failure of amending the pleading. It deals with the
law that if court orders a party to make necessary and if he fails to do the same within the given time
limit given by the order or if no time is limited then within 14 days from the date of the order, he
shall not be permitted to amend after the expiration of such limited time as aforesaid or of such 14
days, as the case may be, unless the time is extended by the Court.

Conclusion
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. They also determine the
range of admissible evidence which the parties should adduce at the trial. The Code of Civil
Procedure lays down the fundamental rules of pleadings along with the amendments to the same.
These provisions are aimed to strike a balance in the society and to achieve the ultimate ends of
justice.

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