How this article helps in judicial service examination ?
This article gives 2 things
1) Concept - thus enable you to answer 1 words or descriptive type question
2) Interpretation - how a pleadings should be - helps you in the exercise of judgement writing and framing of issues.
Relevant Provision : Order VI CPC
An understanding : What are does pleading means ?
Pleasing the court ? Nope !!!
Pleadings = statements in writing
By whom ? Filed by each party to a case.
Content of pleadings : stating what his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer.
Note : Pleading are intended to put forth the case of the parties before court. Pleadings constitute the basis for the litigation.
Definition of pleadings : defined in Order VI Rule 1 CPC : “Pleading shall mean plaint or written statement.”
Point 1 – Pleadings = plaint + written statement
# Replication does not constitute pleadings – Bir Singh vs Kisan Chand, AIR 2007 HP 24.
What is a plaint ?
Plaint = statement of claim in writing and filed by the plaintiff in which he sets out his cause of action with all necessary particulars. ( Not defined in CPC )
What is a written statement ?
Written statement = statement of defense in writing and filed by the defendent, in which he deals with every material fact alleged by the plaintiff in the plaint
What should the pleadings contain ?
Every pleading shall contain and contain only,
a statement in a concise form of the material facts,
on which the party pleading ( plaintiff or defendant) relies for his claim or defence, as the case may be.
IT shall not contain, the evidence by which they are to be proved,
and it shall, when necessary, be divided into paragraphs, numbered consecutively.
Dates, sums and numbers shall be expressed in figures.
Ponit 2- No proof can substitute pleadings – Abubakar Abdul Inamdar vs Harun Abdul Inamdar ,
Inadequate pleadings – any amount of evidence without adequate pleadings would be of no consequence- CCY Vs JA Gupta.
Point 3 – No abandonment of pleadings without cogent evidence- pleadings = are admissions thus– it cannot be permitted to be abandoned – DC Adak vs G. Patra .
Point 4- Object of pleadings – Intimation about the case to other side, enable the court to understand real controversy, prevent deviation from course of litigation- Ganesh Trading Co vs. Moji Ram.
– Order VI Rule 17 – to achieve this object pleadings can be amended at any stage with leave of court but before entering the trial- 2002 CPC amendment.
Point 5- Plead facts( material facts) not law – It is the duty of the court to apply law to facts proved and found- Kedar lal vs. Harilal. Pleadings must be specific with necessary details.
Brain Tickle ! – The defendant failed to make a specific plea of non maintainability of the suit in written statement, Can he raise that issue before the court ? Yes ! Plea of non maintainability of suit is legal plea thus can be taken even if there is no specific issue- Rajasthan vs. Kalyan Singh.
Quick Bit !
Question of fact- specific pleading required
Question of law – no specific pleadings required.
Mixed question of fact and law- specific pleadings required- Ram Prasad vs. State of MP.
Point 6- No relief outside plaint- Trojan Co vs. Nagappa – Court may allow valid amendment as per Order VI Rule 17 and grant required relief.
Point 7- Pleadings not to be strictly / mechanically construed. Not the form of pleading but the substance of the pleading must be considered- Ram Sarup Gupta vs Bishun Narain Inter College.
Point 8- No person can abrogate and reprobate pleadings- pleas mutually destructive of each other not allowed – Indubhai vs Jawaharlal. Alternative pleas are allowed.
NOTE- DETAILED ANALYSIS OF EACH RULE IN ORDER VI WITH APT CASE LAWS IS AVAILABLE IN NOTES.
