8-BULLET POINTS ON PRINCIPLES OF PLEADINGS


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.

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