Faculty Of Law

B.A.LL.B

DRAFTING PLEADING AND CONVEYANCING

Project on;
SUBMITTED BY: RULES OF PLEADINGS
ROLL NO.:- 53 CONSTITUTE THE BASIC
STRUCTURE OF OUR
SECTION: - A JUDICIAL PROCESS.
SEMESTER: - 10
B.A.LL.B. (HONS.)

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 INDEX
S.NO CONTENT PAGE NO
1 INTRODUCTION 3

2 OBJECT 4

3 RULES 5-9
A) Basic Rules; and
B) specific Rules
AMENDMENT OF PLEADINGS

5 RELEVANCY OF PLEADING 9-10

6 BIBLIOGRAPHY 10-11

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 INTRODUCTION
Pleadings are the backbone of profession. It’s the inspiration stone on
that case of a celebration stands. The case of a celebration should be
taken off within the pleadings. Moreover, the relief cannot be claimed on
the grounds that don't seem to be contained within the pleadings. The
immaterial or imprecise or ambiguous matter ought to be avoided and
pleadings ought to be properly framed. In Devaki Handan v. Murlidhar, it
absolutely was command that a finding cannot be sustained that is
predicated on no pleading and no proof. Pleadings are those materials
or essential facts that are necessary to be averred so as to place
forward a cause or to ascertain a defense during a legal proceeding. it's
the backbone of the suit upon that the complete construction of the suit
rests. It includes allegations and counter allegations created by one
party and denied by the opposite. Etymologically, it suggests that a
proper statement to counsel the reason behind action or started a
defense against the case of the litigator. in line with Mocha, “Pleadings
are statements in writing demanded and filed by every party to a case,
stating what his contentions are at the trial and giving all such details as
his opponent must apprehend so as to arrange his case in answer.”
Order VI of the Code of Civil Procedure, 1908 deals with pleadings
generally. Rule one defines pleading, whereas Rule two lays down the
basic principles of pleadings. Rules three to thirteen need the parties to
provide necessary particulars. Rules fourteen and fifteen give for
language and verification of pleadings. Rule sixteen empowers a Court
to strike out uncalled-for pleadings. Rules seventeen and eighteen
contain provisions with reference to modification of pleadings. As per
Rule one of Order VI of the Code of Civil Procedure, 1908, pleading is
outlined as plaint or written statement. It’s necessary to understand here
the means of plaint and written statement. Plaint is that the statement of
the litigator containing grievances so as to initiate associate action
during a court of law. It helps the court to work out the $64000 nature of
the suit. Written statement is the statement or defense of the litigator by
that he either admits the claim of the complainant or denies the
allegations or averments created by the complainant in his plaint

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 OBJECT
In the leading case of Throb v. Holds worth, Jessen, M. R. stated: - “The
whole object of pleadings is to bring parties to a difficulty, and therefore
the that means of the principles (relating to pleadings) was to stop the
problem being enlarged, which might stop either party from knowing
once the cause came on for trial, what the important purpose to be
mentioned and determined was. In fact, the entire that means of the
system is to slender the parties to definite problems, and thereby to
diminish expense and delay, particularly as regards the quantity of
testimony needed on either aspect at the hearing.” The object of
pleadings area unit - (i) to bring the parties to definite issues; (ii) to stop
surprise and miscarriage of justice; (iii) to avoid unessential expense and
trouble; (iv) to avoid wasting public time; (v) to eradicate irrelevancy; and
(vi) to help the Court. Importance of pleading can't be underestimated.
Jacob states, “Pleadings don't solely outline the problems between the
parties for the ultimate call of the court at the trial, they manifest and
exert their importance throughout the entire method of the legal
proceeding.” Pleadings give a guide for the correct mode of trial. They
demonstrate upon that party the burden of proof lies, and World Health
Organization has the proper to open the case. They additionally confirm
the vary of admittible proof that the parties ought to bear witness at the
trial. They additionally lay down limit on the relief that may be granted by
the Court.

Pleadings means a written statement or plaint, forming the backbone of

every suit. A plaintiff pleading in his plaint would be a statement under
which he sets out his cause of action, inclusive of all relevant particulars.
Pleadings need to be properly drafted with clear and concise language
so a to avoid any ambiguity.

They should be inclusive of all the material fact and other important and
necessary facts, to support the cause of action of the plaintiff and, for the
defendant, the written statement should respond to every fact alleged in
the plaint as well as introduction of any new fact that may favour the
defendant.

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The object of pleadings is to ensure parties are stating the issue at hand
and to further prevent them from being enlarged once the trial
commences. It also helps in keeping the parties on track in terms of
what needs to be proved at trial. Order 6 of the CPC covers pleadings in
general and for the purpose of this answer, the focus shall be on Order 6
Rule 17 which deals with the amendment of pleadings.

RULES
For the correct understanding of rules of pleadings it could also be
divided into 2 heads:-

A) Basic Rules; and

B) specific or Rules

(A) Basic Rules of Pleadings:- Sub-rule (1) of Rule two of Order VI of the
Code of Civil Procedure, 1908, lays down “Every pleading shall contain,
and contain solely a press release in an exceedingly laconic sort of the
fabric facts on that the party pleading depends for his claim or defense,
because the case is also, however not the proof by that they're to be
verified.”

From the higher than provision it is aforementioned that following area

unit the basic or basic rules of pleadings:- (1) Pleadings ought to state
facts and not law; (2) The facts expressed in pleadings ought to be
material facts; (3) Pleadings shouldn't state the evidence; and (4) The
facts ought to be expressed in an exceedingly laconic kind. Now these
rules area unit mentioned in details one by one:-

(1) Pleadings ought to state facts and not law:- it's the primary basic
rule of pleadings. It says that pleadings ought to state solely facts
and not law. Within the case of Kadar Lal v. Hari Lal, it absolutely
was command that it's the duty of the parties to state solely the
facts on that they rely on their claims. It’s for the Court to use the
law to the facts pleaded. Within the case of Gauri Dutta Ganesa
Lull Firm v. Macho Prasad, it absolutely was command that the law
of pleading is also telegraphically summarized in four words;
“Plead facts not law.” In Ram Prasad v. State of M.P., A mixed

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 question of law and truth, however, ought to be specifically
pleaded. once more in Union of Republic of India v. Site Ram
Jaiswal, the Court command that some extent of law that is
needed to be verified by facts ought to be pleaded with necessary
facts.
(2) The facts expressed in pleadings ought to be material facts:- it's
the second basic rule of pleadings. It says that pleadings ought to
contain a press release of fabric facts and material facts solely.
Here one most vital question is arose i.e. what's the means of the
term “material facts”. This term has not been outlined within the
Code of Civil Procedure, 1908. However the Court outlined this
term in several judicial pronouncements. Like within the case of
Union of Republic of India v. Site Ram, the court aforementioned
that “material facts” means that all facts upon that the plaintiff’s
reason behind action or the defendant’s defense depends, or in
different words, all those facts that should be verified the basic
principles of pleadings. It reads as under:- The pleadings ought to
contain solely fact a profaned and not fact a probated. the fabric
facts on that the litigant depends for his claim or the litigant
depends for his defense are referred to as fact a profaned, and
that they should be explicit within the plaint or within the written
statement, because the case could also be. However the facts or
proof by suggests that of that the fabric facts are to be tested are
referred to as fact a probated and want not be explicit within the
pleadings.
(3) Pleadings should not state the evidence:- It is third fundamental
rule of pleadings. It says that pleadings should contain a statement
of material facts on which the party relies but not the evidence by
which those facts are to be proved. The facts are of two types:-
(a) Facta probanda- the facts required to be proved (material
facts); and
(b) Facta probantia- the facts by means of which they are to be
proved (particulars or evidence).
The pleadings should contain only facta probanda and not facta
probantia. The material facts on which the plaintiff relies for his
claim or the defendant relies for his defence are called facta
probanda, and they must be stated in the plaint or in the written

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 statement, as the case may be. But the facts or evidence by
means of which the material facts are to be proved are called facta
probantia and need not be stated in the pleadings.
(4) The facts in pleadings ought to be explicit during a taciturn form:-
it's the fourth and last basic rule of pleadings. It says that the
statements in pleadings ought to be explicit during a taciturn and in
short type. In Veranda Kashinath v. Binayak N. Joshi, The words
“in a taciturn form” are positively implicational the actual fact that
brevity ought to be adhered to whereas drafting pleadings. Of
course, brevity shouldn't be at the price of excluding necessary
facts; however it doesn't mean picayune within the pleadings. If
care is taken in syntactical method, pleadings are often saved from
tautology.

(B) specific Rules of Pleadings:- Besides the basic or basic rules of

pleadings, there are different or specific rules of pleadings that are as
follows:-

(1) Where deceit, fraud, breach of trust, willful default or undue

influence are pleaded within the pleadings, particulars with
dates and things ought to be explicit.
(2) The performance of a condition precedent needn't be pleaded
since it's implicit within the pleadings. Nonperformance of a
condition precedent, however, should be specifically and
expressly pleaded.
(3) typically departure from pleading isn't permissible, and except
by approach of modification, no party will raise any ground of
claim or contain any allegation of truth inconsistent along with
his previous pleadings
(4) A blank denial of a contract by the other party are construed
solely as a denial of factum of a contract and not the lawfulness,
validity or enforceability of such contract.
(5) Documents needn't be commenced at length within the
pleadings unless the words in this are material.
(6) Where malice, fallacious intention, data or different condition of
the mind of someone is material, it's going to be alleged within
the pleading solely as a truth while not coming out the

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 circumstances from that it's to be inferred. Such circumstances
extremely represent proof in proof of fabric facts.
(7) Whenever giving of notice to a person is critical or a condition
precedent, pleadings ought to solely state relating to giving of
such notice, while not coming out the shape or precise term of
such notice or the circumstances from that it's to be inferred,
unless they're material.
(8) implicit contracts or relations between persons could also be
alleged as a truth, and also the series of letters, conversations
and also the circumstances from that they're to be inferred
ought to be pleaded typically.
(9) Facts that the law presumes in favors of a celebration or on that
the burden of proof lies upon the opposite facet needn't be
pleaded.
(10) Each pleading ought to be signed by the party or one in all
the parties or by his attorney.
(11) A celebration to the suit ought to provide his address. He
ought to additionally provide address of the other party.
(12) Each pleading ought to be verified on instrument by the party
or by one in all the parties or by someone aware of the facts of
the case.
(13) A Court might order hanging out a pleading if it's
unnecessary, scandalous, frivolous, and pestiferous or tends to
prejudice, embarrass or delay honest trial of the suit.
(14) A Court might permit modification of pleadings.
(15) Forms in Appendix A of the Code ought to be used where
they're applicable. Wherever they're not applicable, styles of like
nature ought to be used.
(16) Each pleading ought to be divided into paragraphs,
numbered consecutively. every allegation or asseveration ought
to be explicit during a separate paragraph. Dates, totals and
numbers ought to be written in figures likewise as in words

AMENDMENT OF PLEADINGS

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 Amendment is that the formal revision or addition or alteration or
modification of the pleadings. Provisions for the change of pleadings
square measure meant for promoting the ends of justice and not for
defeating them. Rules seventeen and eighteen of Order VI of Code of
Civil Procedure, 1908 deals with provisions relating to change of
pleadings and failure to amend once order severally. Rule seventeen
of the CPC provides that, “The Court might at any stage of the
proceedings permit either party to change or amend his pleadings in
such manner and on such terms as could also be simply, and every
one such amendments shall be created as could also be necessary
for the aim of determinant the important queries in difference of
opinion between the parties.

Proviso to the Rule seventeen of Order VI of CPC, as inserted by the

Code of Civil Procedure (Amendment) Act, 2002 restricts and curtails
power of the Court to permit change in pleadings by enacting that no
application for change ought to be allowed once the trial has
commenced, unless the Court involves the conclusion that in spite of
due diligence, the party couldn't have raised the matter before the
commencement of trial

Amendment of pleadings once granted:- change of pleadings is

granted by the Court in 2 things particularly, (i) wherever the change
is important for the determination of the important question in
controversy; and (ii) will the change be allowed while not injustice to
the opposite facet.

Amendment of pleadings once refused:- change of pleadings will

be refused in several circumstances. Following square measure the
things or circumstances once change of pleadings is refused by the
Court:-(1) Once the projected change makes no sense. (2) Once the
projected change causes associate injury to the other party that can't
be salaried for by prices. (3) Once the planned change changes the
character of the case. (4) Once the applying for change isn't created
in honesty. (5) Once there has been AN excessive delay in filing the
change application

Failure to amend:- Rule eighteen of Order VI of CPC, 1908 deals with

this issue. It provides that if a celebration United Nations agency has

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 obtained AN order for leave to amend doesn't amend consequently
inside the time restricted for that purpose by the order, or if no time is
thereby restricted then inside fourteen days from the date of the
order, he shall not be permissible to amend once the expiration of
such restricted time as aforementioned or of such fourteen days,
because the case could also be, unless the time is extended by the
Court

RELEVANCY OF PLEADING
The case is set out in the pleading. It guides the parties to form the
arguments and know the contentions of the other party so as to frame
claims or defence by either party respectively. It is guidance in the
whole journey of the suit. They also determine the range of
admissible evidence which the parties should adduce at the trial. The
Code of Civil Procedure lays down the fundamental rules of pleadings
along with the amendments to the same. These provisions are aimed
to strike a balance in the society and to achieve the ultimate ends of
justice.

Pleadings are the backbone of legal profession. It is the foundation

stone on which case of a party stands. The case of a party must be
set out in the pleadings. Pleadings do not only define the issues
between the parties for the final decision of the court at the trial, they
manifest and exert their importance throughout the whole process of
the litigation. Pleadings provide a guide for the proper mode of trial.
They demonstrate upon which party the burden of proof lies, and who
has the right to open the case. They also determine the range of
admissible evidence which the parties should adduce at the trial.
They also lay down limit on the relief that can be granted by the
Court.

They provide a guide for the proper mode of trial. proceedings. In one
sense, pleadings are their own rewards, for they seldom attract
attention, as the part played by pleader in an action is not
spectacular. Function of pleadings is to define issues between
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 parties, not to go into evidence. But it is obvious that pleadings lay the
foundation of the entire litigation

BIBLIOGRAPHY
• Pleadings, Drafting and Conveyancing by R N chaturvedi
• The code of civil procedure, Bare Act
• http://www.patnalawcollege.ac.in/econtent/GENERAL%20PRIN
CIPLES%20OF%20PLEADING.pdf
• https://legaldesire.com/pleadingsruleamendments/#:~:text=Four
%20fundamental%20rules%20of%20pleading,stated%20in%20
a%20concise%20form
• https://www.legalbites.in/definition-and-fundamental-rules-of-
pleading-under-cpc-1908/
• http://www.legalserviceindia.com/legal/article-2499-pleading-
objective-general-principles-on-amendment-and-principles-and-
consideration-involved-while-permitting-amendment-of-
pleadings.html
• https://taxguru.in/corporate-law/amendment-pleadings-order-vi-
rule-17-cpc-1908.html

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