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PLEADINGS
QUESTION BANK
1. Explain the rules of pleading fully.
2. Discuss the rules of pleading, signing and verification fully.
3. Define ‘pleading’ and state the objects and fundamentals and other rules of pleading.
4. Explain the essential requisites of the plaintiff and describe the manner of amending the pleading.
SHORT NOTES
1. Affidavits.
2. Amendments of pleading.
3. Striking of pleading.
4. Verification.
5. Alternative and inconsistent pleading
SYNOPSIS
I. PLEADINGS: DEFINITION, MEANING, AND SCOPE [ORDER VI]
1. Statutory Definition [Rule 1]
2. Jurisprudential Meaning
3. Judicial Exposition by the Supreme Court
II. OBJECT OF PLEADING
The primary objectives include:
III. THE FOUR BASIC RULES OF PLEADINGS [ORDER VI, RULE 2]
1. Rule 1: Plead Facts, Not Law
2. Rule 2: Plead Material Facts Only
3. Rule 3: Plead Facts, Not Evidence
4. Rule 4: Pleadings Must Be Concise
IV. GENERAL RULES OF CIVIL DRAFTING [ORDER VI, RULES 2 TO 15]
a. Paragraphing and Numbering [Rule 2(2)]:
b. Expression of Quantities [Rule 2(3)]:
c. Reference to Forms [Rule 3]:
d. Particulars of Fraud or Undue Influence [Rule 4]:
e. Condition Precedent [Rule 6]:
f. Departure from Pleadings [Rule 7]:
g. Denial of Contract [Rule 8]:
h. Pleading Documents [Rule 9]:
i. Condition of Mind [Rule 10]:
j. Notice [Rule 11]:
k. Implied Contracts or Relations [Rule 12]:
l. Presumptions of Law [Rule 13]:
V. SIGNING, VERIFICATION, AND SERVICE ADDRESS [RULES 14 TO 15]
1. Signing of Pleadings [Rule 14]
2. Verification of Pleadings [Rule 15]
a. The Verification Formula:
b. Formalities
3. Address for Service [Rule 14A]
VI. ALTERNATIVE AND INCONSISTENT PLEADINGS
1. Scope and Distinction
2. Object
VII. STRIKING OUT PLEADINGS [ORDER VI, RULE 16]
VIII. AMENDMENT OF PLEADINGS [ORDER VI, RULES 17 & 18]
1. General Discretion to Grant Leave to Amend
2. The Statutory Bar: The Proviso to Rule 17
3. Grounds for Refusal of Amendment
4. Failure to Amend Within Time [Rule 18]
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I. PLEADINGS: DEFINITION, MEANING, AND SCOPE [ORDER VI]
Order VI of the First Schedule to the Code governs pleadings in general. It regulates how claims and defenses must be framed before a civil court.
1. Statutory Definition [Rule 1]
Under Order VI, Rule 1, the term “Pleading” is defined strictly to mean a ‘plaint’ or a ‘written statement’.
a. The Plaint: The pleading of the plaintiff, setting out the facts that constitute the cause of action and the relief sought.
b. The Written Statement: The pleading of the defendant, dealing with every material fact alleged by the plaintiff, introducing new facts in their favor, and raising legal objections to the claim.
2. Jurisprudential Meaning
As classically defined by P.C. Mogha, pleadings are statements in writing drawn up and filed by each party to a case, stating what their contentions will be at the trial and giving all such details as the opponent needs to know in order to prepare a case in answer.
3. Judicial Exposition by the Supreme Court
In M/s. Ganesh Trading Co. v. Moji Ram (AIR 1978 SC 484),
The Supreme Court of India observed that pleadings in civil cases are meant to give each side an intimation of the other's case. This enables the courts to determine what is really at issue between the parties and prevents any deviation from the course of litigation on particular causes of action.
II. OBJECT OF PLEADING
The foundational principles regarding the object of pleadings were articulated in the landmark case of Throp v. Holdsworth (1876) 3 Ch. D. 637
The sole object of pleading is to ascertain the real dispute between the parties, narrow down the area of conflict, and see exactly where the two sides differ.
The primary objectives include:
a. Narrowing the Dispute: To pin the parties down to definite issues and confine the trial within due limits, saving judicial time and litigation expenses.
b. Preventing Surprise: To give the opposite side clear intimation regarding the specific facts of the case so they can meet them effectively. It precludes either party from taking the opponent by surprise, thereby preventing a miscarriage of justice.
III. THE FOUR BASIC RULES OF PLEADINGS [ORDER VI, RULE 2]
Order VI, Rule 2(1) codifies the four core pillars of drafting pleadings. It mandates that every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for their claim or defense, but not the evidence by which they are to be proved.
1. Rule 1: Plead Facts, Not Law
A party must state only the facts of their case and not the provisions of law. It is the exclusive province of the Judge to apply the law to the proven facts. Neither statutory provisions nor conclusions of mixed law and fact should be alleged as an active pleading.
2. Rule 2: Plead Material Facts Only
The pleading must be confined strictly to material facts. Material facts (facta probanda) are all those facts upon which the plaintiff's cause of action or the defendant's defense relies. They are the essential facts that must be proved to establish a legal right to the relief claimed. Omitting a material fact can lead to a rejection of the plaint or the striking off of a defense.
3. Rule 3: Plead Facts, Not Evidence
Pleadings must contain the material facts, but not the evidence (facta probantia) by which those facts are to be proved. The methods, witness statements, or documents meant to prove the facts belong to the stage of trial and production of evidence, not to the text of the pleadings.
4. Rule 4: Pleadings Must Be Concise
Pleadings must be drafted in a concise, brief, and precise form. Evasive, vague, lengthy, and redundant narrations must be avoided to ensure clarity at a glance.
IV. GENERAL RULES OF CIVIL DRAFTING [ORDER VI, RULES 2 TO 15]
Beyond the four basic rules, the Code dictates several administrative rules for valid drafting:
a. Paragraphing and Numbering [Rule 2(2)]: Every pleading must be divided into distinct paragraphs, numbered consecutively. Each allegation or fact should, as far as convenient, be contained in a separate paragraph.
b. Expression of Quantities [Rule 2(3)]: All dates, sums, and numbers must be expressed in the pleading in figures as well as in words (e.g., 15th May 2026 and ₹5,00,000 / Rupees Five Lakh).
c. Reference to Forms [Rule 3]: Litigants should follow the standard structural forms provided in Appendix A of the CPC wherever applicable. Where they are not applicable, forms of a similar nature must be used.
d. Particulars of Fraud or Undue Influence [Rule 4]: Wherever a party relies on misrepresentation, fraud, breach of trust, willful default, or undue influence, specific particulars—including dates, specific instances, and items—must be explicitly stated in the pleading. General allegations are legally ignored.
e. Condition Precedent [Rule 6]: The performance of a condition precedent need not be pleaded explicitly, as it is implied. However, if a party intends to contest the non-performance of a condition precedent, they must raise that challenge specifically in their pleading.
f. Departure from Pleadings [Rule 7]: A party cannot make a departure from their previous pleading. No subsequent pleading can contain any allegation of fact or ground of claim that is inconsistent with the party’s earlier pleadings, except by way of a formal amendment.
g. Denial of Contract [Rule 8]: A bare denial of a contract by the opposite party will be construed only as a denial of the factum (the actual making) of the contract, and not as a denial of its legality, validity, or enforceability.
h. Pleading Documents [Rule 9]: Unless the precise words of a document are material, it is sufficient to state its general legal effect as briefly as possible without setting out the whole text.
i. Condition of Mind [Rule 10]: Wherever it is necessary to allege malice, fraudulent intention, knowledge, or other conditions of mind, it is sufficient to allege it as a bare fact without detailing the underlying circumstances from which it is to be inferred.
j. Notice [Rule 11]: It is sufficient to state the fact of giving notice to a person without setting out its precise terms, unless the exact form or terms are material.
k. Implied Contracts or Relations [Rule 12]: When a contract or legal relationship is to be implied from a series of letters, conversations, or circumstances, it is sufficient to state the relationship as a fact and refer generally to those letters or conversations without setting them out in full.
l. Presumptions of Law [Rule 13]: Facts that the law presumes in favor of a party, or as to which the burden of proof lies entirely on the other side, need not be pleaded.
V. SIGNING, VERIFICATION, AND SERVICE ADDRESS [RULES 14 TO 15]
1. Signing of Pleadings [Rule 14]
Every pleading must be signed by the party and their pleader (advocate). If a party is unable to sign due to absence or any other good cause, it can be signed by any person duly authorized by them to sue or defend.
2. Verification of Pleadings [Rule 15]
Every pleading must be verified at the foot by the party, or by one of the parties, or by a person acquainted with the facts of the case to the satisfaction of the court.
a. The Verification Formula: The person verifying must specify by reference to paragraph numbers what they verify upon their own personal knowledge, and what they verify upon information received and believed to be true.
b. Formalities: The verification must state the date and place of execution, be signed by the person making it, and be accompanied by a formal affidavit in support of the pleadings (Rule 15(4)).
3. Address for Service [Rule 14A]
Rule 14A makes it mandatory for parties to file an "address for service" (registered address) along with their pleadings. If the address provided is found to be false, incomplete, or fictitious, the court holds the power to stay the suit (if the default is by the plaintiff) or strike off the defense (if the default is by the defendant).
VI. ALTERNATIVE AND INCONSISTENT PLEADINGS
1. Scope and Distinction
A party is not legally restricted to claiming only one right or defense. A plaintiff can rely upon several alternative claims, even if they appear inconsistent, and a defendant can raise multiple inconsistent defenses. However, while alternative and inconsistent pleadings are permissible, contradictory pleadings are strictly prohibited (i.e., when two assertions are so mutually destructive that they cannot stand together in law).
2. Object
The object of allowing alternative or inconsistent pleadings is to avoid a multiplicity of proceedings, allowing a party to seek comprehensive relief based on varying interpretations of a transaction in a single suit.
Illustrations:
a. Ownership Claim: A plaintiff can file a suit seeking a declaration of ownership over a plot based on a sale deed executed 15 years prior. In the alternative, they can plead that if the sale deed is found to be technically invalid, they should be declared the owner by virtue of adverse possession, since they have enjoyed peaceful, open, and continuous possession for over 12 years.
b. Maintenance Action: Under traditional personal law interpretations, a woman can file a suit for maintenance claiming status as a legally wedded wife. In the alternative, she can plead that if her marriage is found to be technically void, she is still entitled to maintenance on the ground of being a dependently attached companion (concubine) who remained faithful.
c. Banking Dispute: In a suit filed by a bank for recovery, the debtor can deny the loan transaction in their written statement. In the alternative, they can plead that if the court concludes a loan was taken, they may be permitted to clear the outstanding dues in suitable financial installments.
VII. STRIKING OUT PLEADINGS [ORDER VI, RULE 16]
Rule 16 empowers the court, at any stage of the proceedings, to order the striking out or amendment of any matter in a pleading. This power can be exercised on an application or suo motu if the matter falls under the following categories:
1. It is unnecessary, scandalous, frivolous, or vexatious.
2. It tends to prejudice, embarrass, or delay the fair trial of the suit.
3. It otherwise constitutes an active abuse of the process of the Court.
VIII. AMENDMENT OF PLEADINGS [ORDER VI, RULES 17 & 18]
1. General Discretion to Grant Leave to Amend
Rule 17 provides that the court may, at any stage of the proceeding, allow either party to alter or amend their pleadings in such manner and on such terms as may be just. All such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
The phrase “at any stage” means an amendment can be allowed before the trial, during the trial, at the appellate or revisional stage, or even during execution proceedings.
2. The Statutory Bar: The Proviso to Rule 17
The Proviso to Rule 17 imposes a strict restriction on the court's discretionary power. It mandates that no application for amendment shall be allowed after the trial has commenced, unless the court concludes that despite due diligence, the party could not have raised the matter before the commencement of the trial.
3. Grounds for Refusal of Amendment
Courts will generally deny an application for amendment under the following conditions:
a. Where the amendment is not necessary to determine the real questions in dispute.
b. Where the amendment introduces a completely new, inconsistent, or different case, thereby altering the fundamental character of the suit or defense.
c. Where the amendment takes away a legal right that has accrued to the opposite party by lapse of time (e.g., trying to plead a claim that has become barred by the Limitation Act).
d. Where the application is filed in bad faith (mala fide) or to intentionally delay the proceedings.
Judicial Rule on Admissions: The Modi Spinning Case
In M/s. Modi Spinning and Weaving Mills v. M/s. Ladha Ram & Co. (AIR 1977 SC 680), the defendant sought an amendment three years after filing their written statement. The amendment aimed to substitute paragraphs in a manner that effectively withdrew an admission already made on record.
The Supreme Court held that an amendment that seeks to displace or withdraw an admission cannot be allowed. A party is not permitted to amend pleadings if it deprives the opposite party of a valuable legal right or admission that has already accrued in their favor.
4. Failure to Amend Within Time [Rule 18]
If a party obtains an order granting leave to amend but fails to carry out the amendment within the time specified in the order, or if no time is specified, within 14 days from the date of the order, they shall not be permitted to amend after the expiry of that period unless the court grants a formal extension of time.
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