Pleading

It is the main part of legal jurisprudence. The parties telling their side of information are
called the pleadings. It is the way by which parties to a dispute tell their case to the court and to
the adverse party. Pleading is very generally defined as ‘a plaint or a written statement’ but it
includes criminal complaint and FIR as well.
The term ‘plead’ means to request or ask for something in a polite and humble manner.
Now, such requests can be made orally or in written or in any other form that signifies a request
being made by one before another person or entity which is in a position to grant that request.
The contents of such a request, in general, is called pleading.
Thus, pleadings are those information, data or momentous facts which are vital to be
asserted in order to put forward a cause or to establish a defence in a proceeding.

Order 6 Rule 1 of Criminal Procedure Code defines pleading as a plaint or written

statement. It is submitted by the plaintiff. All the material facts are stated by the plaintiff. On the
other hand, a written statement is a reply to the plaintiff wherein the defendant, i.e. the opposing
party against whom claims are being made by the plaintiff.

Order 6 Rule 2(1) states 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 his claim or defence,
as the case may be, but not the evidence by which they are to be proved".

Rules 3 to 16 of Order 6 specifically provide several guidelines to be followed for pleading.

1. In a case for misrepresentation or criminal breach of trust or fraud or wilful default in
payment of due, specific particulars with respect to dates and items should be
mentioned in the pleadings.
2. If there is a condition precedent to taking legal action and if such condition is fulfilled, it is
not required to be mentioned. However, if it is not fulfilled, it is essential that the fact is
mentioned with reasons. For instance, under Section 80 of the CPC, no legal action
can be brought against the government without two months’ notice. Thus, if the notice is
not served, the plaintiff must mention this and the reason for non-adherence.
3. A pleading can be amended at a later stage of the proceeding provided no new ground
for a claim or new allegations are added to the original pleadings.
4. Every pleading must be verified by the party whose pleading it is and it must be
accompanied by a sworn affidavit which forms the deposition of the party and all these
documents must be under the signature of the party concerned.

Important points to be remembered while drafting the plaint -

1. All the facts and issues should be described in the plaint. All the narrow issues should
also be dealt. This is to avoid the sudden and astonishing facts which emerge during the
proceedings.
2. Remove all the irrelevant facts in the plaintiff so reduce the time of the judiciary.
3. Only material facts should be given.
4. Pleadings must contain a concise, i.e. brief facts that explains the details of the case in
short.
 5. Plaint should contain the name of the commercial or civil court where a suit will be
initiated.
6. Plaint should contain details of the plaintiff such as the name, address, and description.
7. Plaint should contain the name, residence, and description of the defendant.
8. When a plaintiff has some defects or problems in health or any type of disability, the
Plaint should contain a statement of these effects.
9. Plaint should contain the facts due to which cause of action arises and where the cause
of action arises it should also be mentioned.
10. Plaint should not only mention facts due to which cause of action arises but also those
facts which help in recognizing the jurisdiction.
11. Plaint should also contain about that relief which the plaintiff seeks from the court.
12. When the plaintiff is ready to set off a portion of his claim, the Plaint should contain that
amount which has been so allowed.
13. Plaint should contain a statement of the value of the subject-matter of suit not only for
the purpose of jurisdiction but also for the purpose of court-fees.
14. At last, the content that should be on plaint is the plaintiff verification on oath.

Rejection of plaint
1. Order VII Rule 12 of C.P.C states the procedure on rejecting the plaint so that it can be
used as a precedent for future cases.
2. Order VII Rule 13 of C.P.C states that rejection of the plaint does not stop the
presentation or filling of the fresh plaint.