Pleadings

Definition Submission to the court

narrating the facts and the relief sought

 CPC 1908 Order 6 Rule 1 states

Pleadings shall mean plaint or written
statement.

Object of Pleadings
Determine issues for testimonial purposes
Eliminate any chances of being caught by surprise (since
all the issues are detailed)
Avoid making an altogether new case at the time of trial
Avoid deviation from course of litigation
Once the pleadings are clearly set out, it becomes easy
for the court to decide matters
Know the basis of both the parties claim or defense
Have knowledge of relevant questions which will be
argued

Features of Pleadings

Meant to facilitate the course of justice

No pedantic or dogmatic approach
Concise statement of facts
Pleadings are not an expression of art or
science but an expression through words
to place fact and law of ones case for
relief

Order 6 rule 2
Pleadings shall state only material facts and not
evidence
Pleadings shall be divided into paras, each
allegation being contained in a separate
paragraph
Dates, sums and numbers shall be expressed in
figures as well as words
(two fold purpose of rule 2 prepare both the
sides by stating all the facts and enable the
court to determine what is the real issue.)

Order 6 rule 3
Talks of prescribed forms

Order 6 rule 4
Says that all particulars, wherever
necessary, should be stated in pleadings.

Order 6 rule 5
Stands omitted after amendment in 2002.
Dealt with any party being able to ask for
better statement or particulars

Order 6 rule 14
States that every pleading shall be signed
by the party and his pleader
Rule 14 A says every pleading shall be
accompanied by a statement in the
prescribed form regarding the address of
the party

Order 6 rule 15
Every pleading shall be verified in the end by the party
The person verifying shall specify, by reference to the
numbered paragraphs of the pleading, what he verifies
of his own knowledge and what he verifies upon
information received or believed to be true.
Verification will also state date and place
An affidavit shall also be furnished in support of the
pleadings
(Verification is not merely a formality as the object of
verifying is to fix responsibility for the statement made in
the pleadings. Any defect in verification may render the
plaint rejected)

Order 6 rule 16
Relates to striking out of those pleadings
which are unnecessary, scandalous,
frivolous, vexatious, prejudiced,
embarrassing or abusive

Order 6 rule 17
Deals with amendment of pleadings before
commencement of trial
Court can grant permission to amend mid-trial if
the court reaches the conclusion that in spite of
due diligence the party could not have raised the
matter before commencement of trial.
The rule was amended in 2002. Before 2002
pleadings could be amended at any point
-before and after commencement of trial, even
during appeal. Now permission for amendment
is granted only before framing of issues except
in extraordinary circumstances.

Plaint order 7 of CPC

Order 7 rule 1 talks of the particulars required in a plaintThe name of the court in which the suit is brought
Name, description and place of residence of plaintiff
Name, description and place of residence of defendant
as far as can be ascertained
Where either the plaintiff or the defendant is a minor or a
person of unsound mind, a statement to that effect.
Facts constituting the cause of action and when it arose
Facts showing that the court has jurisdiction
A statement of the value of the subject matter of the suit
for the purposes of jurisdiction and court fees.
Relief which the plaintiff claims

Order 7 rule 1 (contd)

The plaint is an elaboration of facts
constituting the cause of action therefore
the cause of action must be ascertainable
by reading the plaint as a whole
Plaintiff must be a legal person
Full description of parties to facilitate
identification, valuation of suit and court
fees

Order 7 rule 2
In case of a monetary suit, the precise
amount being claimed should be specified

Order 7 rule 3
In case of immoveable property, the
concerned property should be clearly
identified by way of a map or certain
landmarks

Order 7 rule 5
The interest and liability of the defendant
must be shown

Order 7 rule 6
The ground for exemption from limitation
law should be shown in the plaint

Order 7 rule 7
Every plaint shall specifically state the
relief and the plaintiff will not be granted
relief if not prayed for in the plaint

Order 7 rule 11
Grounds for rejection of a plaint
Does not disclose the cause of action
Relief claimed is undervalued or the
plaintiff being required to supply requisite
stamp paper within a fixed time period,
fails to do so. plaint is written on paper
which is insufficiently stamped
Suit appears to be barred under any law
Not filed in duplicate

Order 7 rule 14
All documents in possession of plaintiff and
being relied upon by plaintiff shall be entered in
the list called List of reliance
The documents could be in possession of
plaintiff or in possession of another. The
documents in possession of another are to be
mentioned and those with plaintiff are to be
submitted along with plaint
No documents can be submitted mid trial without
permission of the court

Format of a plaint

The heading & title (including name of court,

number of suit, nature of suit, details of both the
parties)
The body (facts, date & nature of cause of
action, appropriate jurisdiction)
Prayer/Relief sought (including payment of court
fee)
Signatures
Verification
Affidavit

Written statement
Order 8 rule1 says that the defendant is
supposed to file a written statement of his
defense within 30 days from the date of
serving of summons on him
Order 8 rule 1A states that the defendant
is liable to produce documents upon which
relief is claimed in his written statement

Order 8 rule 3
A general denial is not sufficient in the
written statement. The defendant must
specifically deal with each allegation of
fact of which he does not admit the truth,
except damages

Order 8 rule 4
There should be no evasive denial, it
should be definite and unambiguous

Order 8 rule 5
Every allegation not denied specifically,
shall be taken to be admitted except in
case of a person with disability

Order 8 rule 6
Besides his defense in the written
statement, the defendant can also put up
a counterclaim provided it does not
exceed the pecuniary limits of the
jurisdiction of the court

Order 8 rule 9
Restrains any pleading subsequent to the written
statement of a defendant being filed
Amendment of written statement can be done
only if the court deems fit and grants permission.
Court may at any time require an additional
written statement from any of the parties and fix
up a period of not more than 30 days for
submission of the same

 No rules prescribed under CrPC as mentioned in CPC.

Pleadings have assumed importance under criminal law.
The accused as well as the complainant are required to
file various applications from time to time in the court
Ex- application for bail in a non-bailable offence
Ex- complaint to magistrate for any offence committed
No statutory requirement for pleadings in criminal law as
in the case of civil law