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Pleadings CPC Notes

Pleadings CPC Notes

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Published by Iyalpari

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Categories:Types, Business/Law
Published by: Iyalpari on Sep 13, 2012
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04/08/2015

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PleadingsJustice K T SankaranPleadings are very important in civil cases. It is the duty of the lawyer to make a properpleading. Since a considerable percentage of litigants are either illiterate or not conversant withlaw the duty of the lawyer of becomes more relevant facts of the case from the client. The lawyerhas to even to anticipate probable evidence that may be let in. All the details should becomprehended, analysed and assimilated before drafting the pleadings. A good case maysometimes be lost because of bad drafting.Pleading are intended to put forth the case of the parties before court. Pleadings constitutethe basis for the litigation. By the pleadings, the point at issue between the parties should be clearand ambiguous. The opposite party is made known of the case of the other party by thepleadings. While drafting the pleadings there should be no attempt to concealment of the relevantfacts. Astuteness in drafting is necessary. But it should not go to the extent of putting theopposite party to surprise. From the pleadings, either party should be able to know what his
opponent’s
case is and what case he has to meet. The parties should get a fair idea from thepleadings as to what disputes involved in the case effectually and completely. Proper pleadingswould enable the court to raise proper issue for trial. It would enable the parties to adduce properevidence. It would enable the court to decide the case effectually and completely. Properpleadings would also avoid delay and minimise the expenditure of litigation. It is the duty of thelawyer to ensure that correct facts are brought before the court. He should ensure that wrongfacrts, calculated to mislead the court are not pleaded. Judicial Pronouncements are effect to theeffect that without proper pleadings, any amount of evidence is of no use and that such evidenceshall not be looked into by the court. (AIR 1930 PC 57, AIR 1966 SC 1861, `1984 KLT 606,AIR 1958 SC255, AIR 1996 SC 112, AIR 1987 SC 1242)The Rules regarding pleading are provided in the Code of Civil Procedure Code. Certainother statues also provide for particular facts to be pleaded. For example, Specific Relief Act,section 16(c) and 22. Certain defence would be available to a defendant, in the light of theprovisions of a statute. Such defence should not be omitted to be taken. The client would be ableto supply only facts. It is the duty of the lawyer to put forth the relevant facts in the pleadings so
 
as to make a foundation for a claim of defence, taken into account the relevant provision of law.The role of the lawyer is very important in that context.
Pleading is defined in Order VI Rule 1 CPC thus : “Pleading shall mean plaint or writtenstatement.”
 Every suit shall be instituted by the presentation of a plaint of in such other manner asmay be prescribed. (Section 26 Order IV Rule 1 and Order VII Rule 1 of CPC). Before draftingthe plaint, it should be ascertained as to who may be joined as plaintiffs and who may be joinedas defendants. (See Rules 1 and 3 of Order 1 CPC) It shall not be necessary that every defendantshall be interested as to all the relied claimed in any suit against him. (Rule 5 of Order I). Theplaintiff may at his option join as parties to the same suit all or any of the persons severally or jointly liable on any one contract. (Rule 6 of Order 1 CPC). Where the plaintiff is in doubt as tothe person from whom he is entitled to obtain redress he may join two or more defendants so thatthe question to which of the defendants is liable would be determined by the court as between allparties. (see Rule 7 of Order II)Where there are numerous persons having the same interest in one suit, Rule 8 of Order Iprovides for the remedy of a representative suit being filed. The representative suit can be onbehalf of the plaintiff or against defendant. Rule 8 of Order I provides for the procedure in suchsuit. There are restrictions for abandoning, withdrawing or compromising such suits. A decreepassed in a representative suit binds all persons on whose behalf or for whose benefit the suit isinstituted or defended. (see Explanation VI to Section 11 CPC).Rule 1 of Order II provides that very suit shall as far as practical be framed so as toafford ground for final decision upon the subjects in dispute and to prevent further litigation,Rule 2 of Order II has give rise to several judicial pronouncement. Rule 2 provides that everysuit shall include the whole of the claim which is entitled to make in respect of the cause of action. However, the plaintiff is free to relinquish any portion of claim; but if he so relinquishesor omits to sue on any portion of such claim, he shall not be entitled to file another suit in respectof that portion which omitted or relinquished. Special care should be taken to see that all theclaims to which the plaintiff is entitled to in respect of the cause of action are sought for in theplaint.
 
Rule 3 of Order II CPC provides for joinder of cause of action in the same suit. Rule 4 of Order II stipulated what all causes of action casn be joined with a suit for recovery of immovableproperty.Order VI CPC provides for the pleadings generally. Order VII deals with the plaint.Order VIII deals with written statement, set off and counter claim.Every pleading shall contain, and contain only, a stamen in a concise form of the materialfacts on which the party pleading relies for his claim or defence, nut not the evidence by whichthey are to be proved. The pleading shall be divided into paragraphs and numberedconsecutively. Dates, sums and numbers shall be shown in figures as well as in words. (Order VIRule 2). If the party relies on any misinterpretation, fraud or breach of trust, willful default orundue influence, the facts constituting the same should be specifically pleaded. (Order VI Rule$). The burden of proof of misinterpretation, frauds and undue influence is on the party whoalleges the same. ( See AIR 1976 SC 712; AIR 1941 PC 93; AIR 1950 PC 90; AIR 1967 SC1395; 1989 (2) KLT 348; AIR 1975 KER 150; 1986 KLT S.N.38; 1988 (2) KLJ 156; 1997 (1)KLT 656; 20120 (4) KHC 927; 2010 (4) KLT 684)Any condition precedent, the performance of occurrence of which is intended to becontested, shall be distinctly be specified in the pleadings. (Rule 6 Order VI). No pleading shallexcept by way of amendment raise any new ground of claim or contain any allegation of factinconsistent with the previous ruling of the party pleading the same (Rule 7 Order VI). Theprovision for amendment of pleadings is contained in Rule 17 of Order VI. It is tue that the courtmay allow amendment of pleadings at any stage. But after the amendment of CPC by ACT 22 of 2002, the scope of Rule 17 is restricted. See the distinction between Order VI Rule 17 of CPCand the provisions to section 22(2) of the Specific Relief Act: 2011(2) KLT 381.Pleading should not be scandalous, frivolous or vexatious. It should not contain matterswhich would tend to prejudice, embarrass or delay the fair trial of the suit of which is other wisean abuse of the process of the court. The court has jurisdiction to strike out such pleadings orportion of the same or to direct the parties to amend the pleadings (Rule 16 Order VI).

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