LECTURE ON THE TOPICS OF (DRAFTING OF PLEADINGS AND PETITIONS)

By:
Siddiqa Nausheen
Advocate High Court
(DATE 20/03/2021)
Meaning of Law, & Two Types of law
Law means Rules of action. Meaning thereby in civil society every action of citizen
must be in a manner provided by law. There are several kinds of law, but its types are two.
   Substantive law means, law which creates rights and obligations e.g. in civil side
Contract Act, Transfer of Property Act, and Pre-emption Act, etc are the
instances of substantive law.

ii.       Procedural law means, law which provides procedure for Courts for

adjudication of controversies in a uniform manner, e.g. Civil Procedure Code is
the procedural law.

          Under the civil substantive law if any of the right of a person is violated and
cause of action accrued to him he has to file civil suit in civil Courts.

        Civil Procedure Code lays down the procedure, which the Courts of civil
jurisdiction have to follow.

          So Civil Procedure Code as a procedural law describes;

A.     The process and stages of civil suits;

B.     Its procedure,

C.     Process of appeal/revision/review and its procedure,

D.    Execution of decrees,

E.     Powers and discretion of the Courts.

In case titled: Muhammad Asghar Vs Hussain Ahmad and others, reported in PLD 2014
Supreme Court 89 citation (b), the apex Court held that, “procedural law had immense
significance and the true purpose and object of such law, was not merely a technical aspect
of the law which should be reckoned as a mere formality, rather procedural law was meant to
cause uniformity, discipline, parity and systemization in conducting the trial of the case, in
the absence whereof, it shall not be possible for the Courts of law to adjudicate the matter in
accordance with law and to do justice according to law. Following the procedure prescribed
by law in letter and spirit was bounden duty of the Courts and also the litigants, as failure to
do the same shall result in indiscipline and disarray in proceedings of a trial of a case.
Historical background of civil procedural law:
≥        The code of civil procedure, 1859 was the first code regarding the procedural
law. Before 1859 the law of Civil Procedure was in a chaotic (disorder)
condition, e.g. in Bengal 9 system of procedure of were enforced. First effort
for evolving uniform procedure was made by Sir Charles wood “the president
of the board for the affairs of INDIA” who directed the second law commission
 to prepare a Code of simple and uniform procedure applicable to all Courts.
The commission prepared four drafts Codes of procedure, which were intended
to apply to ordinary civil Courts of the lower provinces of Bengal, Madras,
Bombay and north western provinces, these drafts were amalgamated and
enacted as C.P.C, 1859, later on it was extended to whole of INDIA,[1]
≥        1859 code was incomplete, another comprehensive bill was prepared by “Sir
heway Harrington” and re-arranged by Dr. Whitley Stokes, he introduced a
number of new provisions based on orders and rules made in England under the
judicator Acts. He also barrowed sum provisions of the New York Civil Court.
Sir Arthur hobhouse made substantial contribution to the draft bill, it was
enacted in 1877.
≥        Soon after the enactment of the code of 1877, it was realized that the new code
required several amendments, in these circumstances the Code of Civil
Procedure, 1882 was enacted.
≥        It was however, discovered that in respect of some matters the provisions of
the codes were too rigid to meet sufficiently the varying needs of the different
areas of the country.
To remedy these needs a comprehensive revision of the code was under taken by a
select committee, which collected valuable material on the subject and prepared a
draft bill.
A special committee presided by Sir Earle Richards, which included Dr. Rashbeharu
Ghose, examined the bill carefully. This committee, while giving due regards to the
provisions of the bill, relied upon the code of Civil Procedure 1882 as the basis of
revision.
It arranged all the provisions of the code in to two parts:
i.        The Body of the Code (Fundamental provisions and conferring powers to the
provinces) and
ii.       The schedule.
The bill, as settled by the special committee, was enacted as Code of Civil Procedure,
1908. And the same C.P.C was adopted by the pakistan after partition of Indo-Pak.
Pleading:
Pleadings are statements in writing of each party containing contentions “arguments”
of such party and detail of his case. Pleading is defined in Order (6) Rule (1) of Code of
Civil Procedure as plaint or written statement.
Pleadings
Plaint       Written statement
Re-Joinder    Additional Written Statement
Plaint:
Plaint means statements of claim in writing and filed by the plaintiff, in which he
sets-out his cause of action with all necessary particulars. Plaint is the first process in inferior
Court in the nature of an original writ, whereby a party seeks remedy from Court for the
redressal of his grievances.
Written Statement:
Written statement means statements of defence in writing and filed by the defendant,
in which he deals with every material fact alleged by the plaintiff in the plaint. Defendant
can state any new fact, which he considers to be in his favour, and can raise legal objections
to the merits of the case, prescribed by various laws e.g. plea of Limitation, plea of Estoppel,
plea of Resjudicata, etc.
Preliminary Objections are used to challenge the sufficiency of a pleading (i.e., the
Complaint) on its face. The Defendant is trying to dismiss your Complaint and prevent you from
recovering any damages.

Rejoinder:
Rejoinder means answer of the plaintiff, which he gives keeping in view new facts
alleged by defendant in written statement.
Additional Written Statement:
It means further answer of defendant (If Court permits), which he gives in light of
rejoinder.
Object of Pleading:
The object of Pleading is to bring parties to an issue and the purpose of the rules
relating to Pleading is to prevent the issue being enlarged. Further that the parties themselves
know what the matters in dispute are and what facts they have to prove at the trial.
Purpose of Pleading:
Purpose of pleadings was to led the other party to know as to what case it had to meet
as well as the facts which parties were to prove or establish the cause of action or the
defendants to establish their defence.
(2017 YLR Notes Karachi 205).
Importance of Pleading:
Importance of the pleadings and its legal value and significance could be evaluated
and gauged from the fact that it was primarily on the basis thereon that the issues were
framed.
(2015 SCMR 1698)
What Should a Pleading contain?
Every Pleading shall contain and contain only, a statement in concise form of the
material facts, on which the party Pleading (plaintiff or defendant) relies for his claim or
defence, as the case may be. It shall not contain the evidence by which they are to be proved,
and it shall, when necessary, be divided into paragraphs, numbered consecutively. Dates,
sums and numbers shall be expressed in figures.
General Rules of Pleading:
In Civil Procedure Code Order (6), deals with Pleadings in general, Order (7), deals
with plaint, and Order (8), deals with written statement. The following is the summary of the
Rules comprised in Orders 6, 7 and 8 of CPC:
1.       In Pleading state your whole case, in-other words set forth in Pleading all
material facts on which you rely for your claim or defence, as the case may be.
2.       In Pleading state facts and not law, if any matter of law is setout in your
opponent’s Pleading do not plead to it.
3.       In Pleading state only the relevant facts on which you rely, and not the
evidence by which those facts are to be proved.
 4.       In pleading state material facts only and omit immaterial and unnecessary
facts, and do not plead to any matter which is not alleged against you.
5.       In Pleading state the facts of case concisely, but with precision.
6.       It is not necessary to set-out the whole or any part of document, unless the
precise words thereof are necessary. It is sufficient to state the effect of
document as briefly as possible.
7.       It is not necessary to allege any matter of fact which the law presumes in your
favour or as to which the burden of proof lies upon your opponent party.
The party should not plead conclusion of law in pleading. Legal pleas, such as Estoppel,
Limitation, and Resjudicata/Res-subjudice, etc may be pleaded in written statement.
In cases where the party Pleading relies on any misrepresentation, fraud, breach of
trust, willful default or undue influence, particulars thereof shall be stated in the Pleading.
Whether amendment in pleadings is permissible under the law? What are the
restrictions in the way of amendment in pleadings?
INTRODUCTION:
Law provides every possible means to ascertain the legal right of every one.
Sometimes a party brings pleadings with certain informal errors, or some facts are not shown
or some relief is not sought, in these situations the law makers has provided a mechanism
that in-order to bring the parties to real controversy they would have a right to amend their
pleadings at any stage of the trial and before pronouncement of judgment. Order 6 Rules 16
and 17 are provided in CPC under which without changing or modifying the nature of suit a
person could amend his pleadings subject to certain restriction imposed by law.
RELEVANT PROVISIONS:
Order 6 Rules 16 and 17 According to Order-6 Rule 16, the Court may at any stage
of the proceedings order to be struck out or amended any matter in any pleading which may
be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair
trial of the suit.
According to Order-6 Rule 17, the Court may at any stage of the proceedings allow
either party to alter or amend his pleadings in such manner and on such terms as may be just,
and all such amendments shall be made as may be necessary for the purpose of determining
the real questions in controversy between the parties.
AMENDMENT MEANS:
The word amend means correction, removal of error or addition of some necessary
facts, thus amendment of pleading means correction of any error, addition of necessary facts
deletion of unnecessary facts or removal of ambiguity in plaint or written statement.
WHO MAY APPLY FOR AMENDMENT:
An application for amendment under Order 6 Rule 17 may be filed by both the
parties i.e. Plaintiff for amendment in plaint and defendant for amendment in written
statement subject to limitation imposed by law.
Secondly, as per legal command of Order 6 Rule 16 either party may apply for
amendment of the pleading of his rival.
WHEN APPLICATION FOR AMENDMENT OF PLEADINGS MAY BE
FILED:
 Before passing of final decree/judgment of the Court, the parties can apply before the
trial Court for amendment in pleadings, and the Court is duty bound to allow the parties to
bring change in their pleadings to some extent for the ends of justice and for determining the
real question in controversy between the parties. Delay, negligence or carelessness is no
ground to refuse amendment.
The word any stage means any time during Court proceedings and proceedings
include the process of adjudication of appeal/revision and up to the Supreme Court. Meaning
thereby amendment in the pleadings can be sought even from the Supreme Court, when the
Supreme Court is hearing appeal under Article 185 of the Constitution of Pakistan while
exercising its appellate jurisdiction.
AMENDMENT IN PLAINT:
The plaintiff can amend his plaint, by:
I.       Removing informal error
II.      Adding necessary facts
III.     Deleting unnecessary facts
IV.     Adding necessary parties, deleting unnecessary parties, and transposing one
party from one panel to the other panel of parties
V.      Mentioning description of property
VI.     Mentioning a relief, omitted earlier, and
VII.    Introducing his real controversy.
Under Order 6 Rule 16 the plaintiff can also sought amendment of written statement to
remove unnecessary and scandalous facts for expeditious disposal of suit.
AMENDMENT IN WRITTEN STATEMENT:
The defendant has also legal right to request for the amendment of plaint under Order 6 Rule
16, if there is something unnecessary or scandalous or which may tend to prejudice,
embarrass or delay the fair trial. Similarly the defendant under Order 6 Rule 17 has also got a
right to amend written statement by:
I.       Mentioning new facts which are necessary
II.      Altering already existing facts
III.     Deleting unnecessary facts; and
IV.     Correcting informal errors.
AMENDMENT MUST BE ALLOWED: The provision of Order VI Rule 16 and
17 are to be interpreted liberally and the Court in order to bring the real controversy between
the parties on the surface of the record is to allow amendment.
RESTRICTIONS:
•        The amendment which substitute one cause of action to another,
•        Amendment which change the subject matter and character of the suit,
•        The amendment which is prejudice to the right of opposite party,
•        The application for amendment filed malafidely,
 •        Fact admitted cannot be allowed to deny through amendment,
•        The amendment which change the nature and complexion of suit.
POWERS OF COURT:
Under Order VI Rules 16 and 17 the Court has discretionary powers to allow
amendment, but the discretion must be exercised upon the judicial principles and all
amendments must be allowed which are necessary for the purpose of determining the real
questions in controversy between the parties.
The parties after getting order of amendment should amend their pleading as per the
order and permission of the Court and should not go beyond that order.
In accordance with Order VI Rule 18, if a party is permitted to amend his pleading
and he failed to amend within the limited time for that purpose by the order, if no time is
provided then within fourteen days from the date of the order, he shall not be permitted to
amend after the expiration of such limited time or of such 14 days, as the case may be unless
the time is further extended by the Court.
CONCLUSION:
From the above discussion it is summed up, that once either party filed their
pleadings in the Court of law, those pleadings cannot be disturbed or interfered, except by
introducing amendment therein, and with the permission of the Court and the Court always
allow amendments for the purpose of determining the real questions in controversy between
the parties.
Burden of Proof:
The phrase “Burden of Proof, or, “onus of proof has two distinct meanings in the
Law of Evidence,
1.       The burden of establishing a case.
2.       The burden of introducing evidence.
1. Burden of establishing a case:
The Burden of Proof in the sense of establishing a case remains throughout the trial
where it was originally placed, it never shifts.
Thus in a civil case, it is determined by the state of pleadings and is almost invariably
upon the plaintiff, so it is he who first raises the issue.
In criminal cases, since there is a presumption of innocence in favour of the accused,
the burden of proving everything essential to the establishment of charge against him lies on
the prosecution.
2.  Burden of introducing evidence:
The Burden of Proof in the sense of introducing evidence may shift constantly, as the
evidence is introduced by one side or the other side. If a prima facie evidence is adduced by
one party, the burden shifts to the other party to rebut that prima facie evidence.
Plaint, Definition:
Plaint is the statement of claim in writing and filed by the Plaintiff, in which he sets
out his cause of action with all necessary particulars. Plaint is the first process in inferior
Court in the nature of an original writ, whereby aid of the Court is invoked. Civil Procedure
Code, does not define the word “Plaint”. It should, therefore, be construed in its general
sense as a petition of claims filed by Plaintiff in the Civil Court of original jurisdiction to
initiate a civil suit.
Particulars of Plaint:
According to Order (7) Rule (1) of Civil Procedure Code, which provides that the
Plaint shall contain the following particulars:
1.  The name of the Court in which the suit is brought.
For instance, if the suit is to be brought in the Court of “Senior Civil
Judge, Peshawar”, the “Plaint” must specify--
“In the Court of Senior Civil Judge, Peshawar”.
2.  The name, description and place of residence of the Plaintiff.
3.  The name, description and place of residence of the defendant so far as they
can be ascertained.
It is necessary that full description of the parties and the character in which they sue
or be sued, should be given in the Plaint.
Description includes age, father’s name, the titles by which a Plaintiff or defendant is
known and place of residence of both parties should be accurately given.
4.  Where the Plaintiff or the defendant is minor or person of unsound-mind, a
statement to that effect.
5.  The facts constituting the cause of action and when it arose.
The expression “cause of action” means, the whole bundle of material facts. In other
words, facts by which the plaintiff feels grievance and by which the plaintiff gets the right
of locus standi. Generally cause of action denotes bunch of facts which shows the
infringement of rights of a party.
6.  The facts showing that the Court has jurisdiction to entertain suit.
7.  The relief which the Plaintiff claims.
The Plaint should mention specifically what relief the Plaintiff asks for. The prayer
for relief should not be vague/ambiguous.
8.  Where the Plaintiff has allowed a set-off or relinquished a portion of his claim, a
statement showing the amount so allowed or relinquished.
9.  Statement of the value of subject-matter of the suit for the purpose of
jurisdiction and for the purpose of Court fee.
10.  At last Plaint should contain name of advocate his signature, and Plaintiff
must verify the contents of the Plaint and he must sign the verification.
Duty of the Court to examine Plaint:
It is the duty of the Court under Order (7) of Civil Procedure Code to examine a
Plaint before issuing Summons, to ascertain, whether the Plaint fulfills the requirements of
Order (7) of Civil Procedure Code.
Grounds for rejection of Plaint:
According to Order (7) Rule (11) of the Civil Procedure Code, the Plaint shall be
rejected in the following cases:
 1.       Where Plaint does not disclose cause of action.
2.       Where the relief claimed is under value, and the Plaintiff, on being required by
the Court to correct the valuation within a time to be fixed by the Court fails to
do so.
3.       Where the relief claimed is properly valued but the Plaint is written upon paper
insufficiently stamped, and the Plaintiff, on being required by the Court to
supply the requisite stamp-paper fails to do so.
4.       Where the suit appears from the statement in the Plaint to be barred by any
Law.
Particulars of Written statement:
In written statement, there are two portions:
1.       First one is Preliminary or Legal objections.
2.       Second one is Portion of Para-wise Reply of plaint.
          If necessary the defendant also discloses new facts.
BASIC REQUIREMENTS FOR ADVOCATES:
He must be Master of:
1.     Drafting
2.     Art of Cross-examination
3.     Art of Presentation.
        BASIC skills of Drafting:
An Advocate must know the Rules of Pleadings. The skill of Drafting is developed by
practice and daily Drafting Exercise.
BASIC Method of use of paper for pleadings:
One inch margin should be at three sides of paper except left side as left side
margin should be 2”:
(Top, bottom, 2” left and right).
Draft of pleadings must be well looked.
RULINGS ON AMENDMENT OF PLEADING
Amendment in pleadings Allowed……
1.       2018 SCMR 82
2.       2016 SCMR 1621
3.       2016 MLD Peshawar 533.
Amendment in pleadings Refused …..
2005 PLD Peshawar 238 citation “a”.
Amendment and striking out pleadings …..
1.     2016 PLD Karachi 392 citation “b”.
 Through Amendment in pleadings nurture of suit would not be changed...
1.       2017 CLC Notes Lahore 27.
2.       2017 CLC Karachi 1204.
3.       2016 CLC Lahore 386 citation “b”.
4.       2016 YLR Karachi 1436 “b”.
RULINGS ON DEPARTURE FROM PLEADINGS
1.       Party cannot be permitted to make out a case beyond its pleadings. (2018
CLD Islamabad 48 citation “h”).
2.       No one could travel beyond the scope of his pleadings. (2017 MLD Peshawar
1488 “b”).
3.       Parties were bound by their pleadings and could not be allowed to depart from
the same. (2017 CLC Notes Peshawar 35 citation “c”).
……..
EVIDENCE AND PLEADINGS
4.       Pleadings of parties could not be taken as evidence. (2017
YLR Peshawar 1323 citation”b”).
5.       Parties could not go beyond their pleadings. Particulars of evidence need not to
be mentioned in the plaint and same could be produced during recording of
evidence. (2016 PLD Peshawar 42 citation “d”).
6.       Evidence could only be led with regard to a fact which was specifically
asserted in the pleadings and no such evidence was admissible which was
beyond the pleadings. (2017 CLC Lahore 1711 citation “c”).
7.       Party had to first plead facts and pleas in the pleadings and then prove the same
through evidence. No one could be allowed to prove its case beyond what was
originally set up in the pleadings .Evidence led by a party beyond the scope of
pleading was liable to be ignored. (2017 CLC Notes Lahore citation “c” Page
117).
8.       Evidence must be in line of pleadings. (2017 MLD Karachi 770 citation “b”).
9.       Evidence beyond the scope of pleadings...None of the parties to a judicial
proceeding could be allowed to adduce evidence in support of a contention not
pleaded by it and the decision of a case could not rest on such
evidence. (2016 PLD SC 730 citation “b”).
………….
Conclusion:
So it can be concluded that Pleadings are technical and formal document as
contemplated by the Civil Procedure Code. It must comply with the requirements contained
in Order (6,7) & (8)of the Civil Procedure Code. Draft of pleadings must be skill full and
well look
PETITION WRITING
1.       Application for Temporary Injunction. (ORDER 39 Rules 1 & 2)
 2.       Application for Rejection of pliant. (ORDER 7 Rules 11)
3.       Application for Return of pliant. (ORDER 7 Rules 10).
4.       Application for Amendment. (ORDER 6 Rules 16 & 17)
5.       Application for Appointment of Commission. (Section 75 & ORDER 26).
6.       Application for Appointment of Receiver. (ORDER 40)
7.       Application for Amendment of issues, or Framing Additional Issues. (ORDER
14 Rule 5).
8.       Application for production of a witness not mentioned in list of witnesses.
(ORDER 16 Rule 1)
9.       Application for production of document. (ORDER 13).
10.     Application for Addition, deletion, or transposition of parties. (ORDER 1 Rule
10, sub-rule (2).
11.     Application for Stay of Suit, “Res-subjudice”. (Section 10).
12.     Application for Setting aside Exparte Proceedings and Exparte Decree.
(ORDER 9 Rules 6 & 13).
13.     Application for Restoration of Suit. (ORDER 9 Rule 9).
14.     Application for Withdrawal of Suit, with or without permission to file fresh
one. (ORDER 23).
15.     Application for permission to sue as a pauper. (ORDER 33).
16.     Application for Review of Order/Judgment. (Section 114 and ORDER 47).
----------------------------------
 

[1]
.       Sir Henry Maine, Dissertations on early law and custom, (1883) page- 389 and whitley stokes,
the anglo-lndian Codes (1888) Vol II, page 381,384
ORDER VIII
WRITTEN STATEMENT AND SET-OFF Legal and Equitable (0.20, R 19 (3)

1. The defendant may, and, if so required by the Court, shall at or before the first hearing
or within such time as the Court may permit, permit, present a written statement of his
defence:

[Provided that the period allowed for filing the written statement shall not ordinarily
exceed[thirty] days]

2. The defendant must raise by his pleading all matters, which show the suit not to be
maintainable, or that the transaction is either void or voidable in point of law, and all such
grounds of defence as, if not raised, would raise issues of fact not arising out of the plaint,
as, for instance, fraud, limitation, release, payment, performance, or facts showing
illegality.

3. It shall not be sufficient for a defendant in his written statement to deny generally the
grounds alleged by the plaintiff, but the defendant must deal specifically with each
allegation of fact of which he does not admit the truth, except damages.

4. Where a defendant denies an allegation of fact in the plaint, he must not do so

evasively, but answer the point of substance. Thus, if it is alleged that he received a
certain sum of money, it shall not be sufficient to deny that he received that particular
amount, but he must deny that he received that sum or any pay thereof, or else set but
how much he received. And if an allegation is made with diverse circumstances, it shall
not be sufficient to deny it along with those circumstances.

5. Every allegation of fact in the plaint, if not denied specifically or by necessary

implication, or stated to be not admitted in the pleading of the defendant, shall be taken to
be admitted except as against a person under disability:

Provided that the Court may in its discretion require any fact so admitted to be proved
otherwise than by such admission.

6.-(1) Where in suit for the recovery of money the defendant claims to set-off against the
plaintiff's demand any ascertained sum of money legally recoverable by him from the
plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both
parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the
first hearing of the suit, but not afterwards unless permitted by the Court, present a
written statement containing the particulars of the debt sought to be se-off.

(2) The written statement shall have the same effect as a plaint in a cross-suit so as to
enable the Court to pronounce a final judgement in respect both of the original claim and
of the set-off: but this shall not effect the lien, upon he amount decreed, of any pleader in
respect of the costs payable to him under the decree.
(3) The rules relating to a written statement by a defendant apply to a written statement in
answer to a claim of set-off.

Illustrations

(a) A bequeaths Rs.2,000 to B and appoints C his executor and residuary legatee. B dies
and D takes out administrations to B's effects. C pays Rs.1,000 as surety for D; then D
sues C for the legacy. C cannot set-off the debt of Rs.1,000 against the legacy, for neither
C nor D fills the same character with respect to the legacy as they fill with respect to the
payment of the Rs.1,000.
(b) A dies intestate and in debt to B, C takes out administration to A's effects and B buys
parts of the effects from C. In a suit for the purchase money by C against B, the latter
cannot set-off the debt against the price, for C fills two different characters, one as the
vendor to B, in which he sues B, and the other as representative to A.
(c) A sues B on a bill of exchange. B alleges that A has wrongfully neglected to insure
B's goods and is liable to him in compensation which he claims to set-off. The amount
not being ascertained cannot be set-off.
(d) A sues B on a bill of exchange for Rs.500 . B holds a judgment against A for
Rs.1,000. The two claims being both definite pecuniary demands may be set-off.
(e) A sues B for compensation on account of trespass. B holds a promissory note for
Rs.1,000 from A and claims to set-off that amount against any sum that A may recover in
the suit. B may do so for as soon as A recovers both sums as definite pecuniary demands.
(f) A and B sue C for Rs.1,000 . C cannot set-off a debt due to him by A alone.
(g) A sues B and C for Rs.1,000. B cannot set-off a debt due to him alone by A.
(h) A with the partnership firm of B and C Rs.1000. B dies leaving C surviving. A sues C
for a debt of Rs.1,500 due in his separate character. C may set-off the debt of Rs.1,000.
7.Where the defendant relies upon several distinct grounds of defence or set-off founded
upon separate and distinct facts, they shall be stated, as far as may be separately and
distinctly.

8. Any ground of defence which has arisen after the institution of the suit or the
presentation of a written statement claiming a set-off may be raised by the defendant or
plaintiff, as the case may be in his written statement.

9. No pleading subsequent to the written statement of a defendant other than by way of

defence to a set-off shall be presented except by the leave of the Court and upon such
terms as the Court thinks fit, but the Court may at any time require a written statement or
additional written statement from any of the parties and fix a time for presenting the
same.

10. Where any party from whom a written statement is so required fails to present the
same within the time fixed by Court, the Court may pronounce judgment against him, or
make such order in relation to the suit as it thinks fit.

[11. - (1) Every party, whether original, added or substituted, who appears in any suit or
other proceeding, shall, on or before the date fixed in the summons, notice or other
process served on him, file in Court a proceeding stating his address for service.

(2) Such address shall be entered in the Register of suits to be maintained under Order,
IV rule 2.

(3) Rules 20, 23, 24 and 25 of Order VII shall apply, so far as may be, to addresses for
service filed under this rule.

12.-(1) Where a party fails to file address for service as provided in the preceding rule, he
shall be liable to have his defence, if any, struck out and to be placed in the same position
as if he had not defended.

(2) The Court may pass an order under sub-rule (1) suo motu or on the application of any
party.

13 - (1) In every suit of the nature referred to in rule 4, Order XXII, the written statement
shall be accompanied by a statement giving -

a) the names and addresses of the persons who, in the event of the death of the defendant,
may be made a party as his legal representatives;
b) the name and address of the person, who in the event of the death of the defendant,
shall intimate such fact to the Court, furnish the Court with the names, particulars and
addresses of the legal representatives of the defendant and make an application for the
legal representatives to be made a party.
(2) A defendant may at any time -

a) file in the Court an amended list of his presumptive representatives;

b) nominate another person, in the place of the person nominated under clause (b) of sub-
rule (1) for the purposes of that clause.

(3) A nomination made under clause (b) of sub-rule (1) shall, unless varied under clause
(b) of sub-rule (2), remain in force throughout the pendency of the suit and any
proceedings arising therefrom, including appeal, revision of review.]
 The written statement is a legal statement that the people have to go through when
they face some legal ups and downs and generally in the official purpose. For eg: when a
new head of the organization is selected then you have to address the committee
through written statements.

Particulars of Written statement:

In written statement, there are two portions:
1.       First one is Preliminary or Legal objections.
2.       Second one is Portion of Para-wise Reply of plaint.
          If necessary the defendant also discloses new facts.
Preliminary Objections are used to challenge the sufficiency of a pleading (i.e., the
Complaint) on its face. The Defendant is trying to dismiss your Complaint and prevent you from
recovering any damages.
Preliminary Objections
(a) Preliminary objections may be filed by any party to any pleading and are limited
to the following grounds:
(1) lack of jurisdiction over the subject matter of the action or the person of the
defendant, improper venue or improper form or service of a writ of summons or a
complaint;
(2) failure of a pleading to conform to law or rule of court or inclusion of scandalous
or impertinent matter;
(3) insufficient specificity in a pleading;
(4) legal insufficiency of a pleading (demurrer-“an objection granting the factual
basis of an opponent's point but dismissing it as irrelevant or invalid”. );
(5) lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause
of action;
(6) pendency of a prior action or agreement for alternative dispute resolution;
(7) failure to exercise or exhaust a statutory remedy; and
(8) full, complete and adequate non-statutory remedy at law.
(b) All preliminary objections shall be raised at one time. They shall state specifically
the grounds relied upon and may be inconsistent. Two or more preliminary
objections may be raised in one pleading.
(c)
(1) A party may file an amended pleading as of course within twenty days after
service of a copy of preliminary objections. If a party has filed an amended pleading
as of course, the preliminary objections to the original pleading shall be deemed
moot.
(2) The court shall determine promptly all preliminary objections. If an issue of fact
is raised, the court shall consider evidence by depositions or otherwise.
(d) If the preliminary objections are overruled, the objecting party shall have the
right to plead over within twenty days after notice of the order or within such other
time as the court shall fix.
(e) If the filing of an amendment, an amended pleading or a new pleading is allowed
or required, it shall be filed within 14 days after notice of the order or within such
other time as the court shall fix.
(f) Objections to any amended pleading shall be made by filing new preliminary
objections.
ORDER VII

PLAINT

1. The plaint shall contain the following particulars:-

a) the name of the Court in which the suit is brought;
b) the name, description and place of residence of the plaintiff;
c) the name, description and place of residence of the defendant, so far as they can be
ascertained;
d) where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect;
e) the facts constituting the cause of action and when it arose;
f) the facts showing that the Court has jurisdiction;
g) the relief which the plaintiff claims;
h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished; and
i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction
and of court-fees so far as the case admits.

2. Where the plaintiff seeks the recovery of money, the plaint shall state the precise
amount claimed;

But where the plaintiff sues for mesne profits, or for an amount which will be found due
to him on taking unsettled accounts between him and the defendant, the plaint shall state
approximately the amount sued for.

3. Where the subject-matter of the suit is immovable property, the plaint shall contain a
description of the property sufficient to identify it, and, in case such property can be
identified by boundaries or numbers in a record of settlement of survey, the plaint shall
specify such boundaries or numbers.

4. Where the plaintiff sues in a representative character the plaint shall show not only that
he has an actual existing interest in the subject-matter, but that he has taken the steps(if
any) necessary to enable him to institute a suit concerning it.

5. The plaint shall show that the defendant is or claims to be interested in the subject-
matter, and that he is liable to be called upon to answer the plaintiff's demand.

6. Where the suit is instituted after the expiration of the period prescribed by the law of
limitation, the plaint shall show the ground upon which exemption from such law is
claimed.

7. Every plaint shall state specifically the relief which the plaintiff claims either simply or
in the alternative, and it shall not be necessary to ask for general or other relief which the
plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for
general or other relief which may always be given as the Court may think just to the same
extent as if it had been asked for. And the same rule shall apply to any relief claimed by
the defendant in his written statement.
8. Where the plaintiff seeks relief in respect of several distinct claims or causes of action
founded upon separate and distinct grounds they shall be stated as far as may be
separately and distinctly.

9. The plaintiff shall endorse on the plaint, or annex thereto, a list of the documents (if
any) which he has produced along with it.

1(A) [The plaintiff shall present with his plaint -

a) As many copies on plain paper of the plaint as there are defendants, plus two extra
copies, unless the Court, by reason of the length of the plaint or the number of the
defendants, or for any other sufficient reason, permits him to present a like number of
concise statements of the nature of the claim made, or of the relief claimed in the suit, in
which case he shall present such statements; and
b) Draft forms of summons and fees for service thereof]
2. Where the plaintiff sues, or the defendant or any of the defendants is sued, in a
representative capacity, such statements shall show in what capacity the plaintiff or
defendant sues or is sued.
3. The plaintiff may, by leave of the Court, amend such statements so as to make them
correspond with the plaint.
4. The chief ministerial officer of the Court shall sign such list and copies or statements
if, on examination, he finds them to be correct.

10-(1) The plaint shall at any stage of the suit be returned to be presented to the Court in
which the suit should have been instituted.

(2) On returning a plaint the Judge shall endorse thereon the date of its presentation and
return, the name of the party presenting it, and a brief statement of the reasons for
returning it.
11. The plaint shall be rejected in the following cases:-
a) where it does not disclose a cause of action:
b) where the relief claimed is under-valued, and the plaintiff, on being required by the
Court to correct the valuation within a time to be fixed by the Court, fails to do so:
c) where the relief claimed is properly valued, but the plaint is written upon paper
insufficiently stamped, and the plaintiff, on being required by the Court to supply the
requisite stamp-paper within a time to be fixed by the Court, fails to do so:
d) where the suit appears from the statement in the plaint to be barred by any law.

12. Where a plaint is rejected the Judge shall record an order to that effect with the
reasons for such order.

13. The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of
its own force preclude the plaintiff from presenting a fresh plaint in respect of the same
cause of action.

Documents relied on in Plaint

14.-(1) Where a plaintiff sues upon a document in his possession or power, he shall
produce it in Court when the plaint is presented, and shall at the same time deliver the
document or a copy thereof to be filed with the plaint.
(2) Where he relies on any other documents (whether in his possession or power or not)
as evidence in support of his claim, he shall enter such documents in a list to be added or
annexed to the plaint.

15. Where any such document is not in the possession or power of the plaintiff, he shall,
if possible, state in whose possession or power it is.

16. Where the suit is founded upon a negotiable instrument, and it is proved that the
instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of the
Court, against the claims of any other person upon such instrument, the Court may pass
such decree as it would have passed if the plaintiff had produced the instrument in Court
when the plaint was presented, and had at the same time delivered a copy of the
instrument to be filed with the plaint.

17. - (1) Save in so far as is other wise provided by he Bankers' Books Evidence Act,
1891, where the document on which the plaintiff sues is an entry in a shop-book or other
account in his possession or power, the plaintiff shall produce the book or account a the
time of filing the plaint, together with a copy of the entry on which he relies.

(2) The Court, or such officer as it appoints in this behalf, shall forthwith mark the
document for the purpose of identification; and after examining and comparing the copy
with the original, shall, if it is found correct, certify it to be so and return the book to the
plaintiff and cause the copy to be filed.

18 - (1) A document which ought to be produced in Court by the plaintiff when the plaint
is presented, or to be entered in the list to be added or annexed to the pliant, and which is
not produced, or entered accordingly, shall not, without the leave of the Court, be
received in evidence on his behalf at the hearing of the suit.
(2) Nothing in this rule applies to documents produced for cross-examination of the
defendant's witnesses, or in answer to any case set up by the defendant or handed to a
witness merely to refresh his memory.

19 - (1) Every plaint or original petition shall be accompanied by a proceeding giving an

address at which service of notice, summons or other process may be made on the
plaintiff or petitioner.

(2) Plaintiffs or petitioners subsequently added shall immediately on being so added file a
proceeding of this nature.

(3) The address filed under this rule shall be entered in the Register of suits maintained
under Order IV, rule 2.
20. An address for service filed under the preceding rule shall be within the local limits of
the District Court within which the suit or petition is filed, or of the District Court within
which the party ordinarily resides.

21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to
have his suit dismissed or his petition rejected by the Court suo motto or any party may
apply for an order to that effect and the Court may make such order as it thinks just.

22. (1) Where a party is not found at the address given by him for service and no agent or
adult male member of his family on whom a notice, summons or other process can be
served is present, a copy of the notice, summons or other process shall be fixed to the
outer door of the house.

(2) If, on the date fixed, such party is not present, another date shall be fixed and a copy
of the notice, summons or other process shall be sent to the said address by registered
post, and such service shall be deemed to be as effectual as if the notice, summons or
other process had been personally served.

23. Where a party engages a pleader, notices summons or other processes for service on
him shall be served in the manner prescribed by Order III, rule 5, unless the Court directs
service at the address for service given by the party.

24. A party who desires to change the address for service given by him as aforesaid shall
file a verified petition, and the Court may direct the amendment of the record
accordingly. Notice of such petition shall be given to such other parties to the suit as the
Court may deem it necessary to inform, and may be either served upon the pleaders for
such parties or be sent to them by registered post, as the Court thinks fit.

25. Nothing in these rules shall prevent the Court from directing the service of a notice,
summons or other process in any other manner, if for any reasons, it thinks fit to do so.

26 - (1) In every suit of the nature referred to in rule 3, Order XXII, the plaint shall be
accompanied by a statement giving -

(a) the names and addresses of the persons who, in the event of the death of the plaintiff,
may be made a party as his legal representatives;

(b) the name and address of the person who, in the event of the death of the plaintiff, shall
intimate such fact to the Court, furnish the Court with the names, particulars and
addresses of the legal representatives of the plaintiff and make an application for the legal
representatives to be made a party.

(2) A plaintiff may at any time -

(a) file in the Court an amended list, of his presumptive legal representatives;
(b) nominate another person, in the place of the person nominated under clause (b) of
sub-rule (1), for the purposes of that clause.

(3) A nomination made under clause (b) of sub-rule (1) shall, unless varied under clause
(b) of sub-rule (2), remain in force throughout the pendency of the suit and any
proceedings a rising therefrom, including appeal, revision and review.
ORDER VI
PLEADINGS GENERALLY

1. "Pleading" shall mean plaint or written statement.

2. 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, and shall, when necessary, be
divided into paragraphs, numbered consecutively-Dates, sums and numbers shall be
expressed in figures.

3. The forms in Appendix A when applicable, and where they are not applicable forms of
the like character, as nearly as may be, shall be used for all pleadings.
4. In all cases in which the party pleading relies on any misrepresentation, fraud, breach
of trust, willful default, or undue influence, and in all other cases in which particulars
may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with
dates and items if necessary) shall be stated in the pleading.

5. A further and better statement of nature of the claim or defence, or further and better
particulars of any matter stated in any pleading, may in all cases be ordered, upon such
terms as to costs and otherwise, as may be just.

6. Any condition precedent the performance or occurrence of which is intended to be

contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the
case may be; and, subject thereto, an averment of the performance or occurrence of all
conditions precedent necessary for the case of the plaintiff or defendant shall be implied
in his pleading.

7. No pleading shall, except by way of amendment, raise any new ground of claim or
contain any allegation of fact inconsistent with the previous pleadings of the party
pleading the same.

8. Where a contract is alleged in any pleading, a bare denial of the same by the opposite-
party shall be construed only as a denial in fact of the express contract alleged or of the
matters of fact from which the same may be implied, and not as a denial of the legality or
sufficiency in law of such contract.

9. Wherever the contents of any document are material, it shall be sufficient in any
pleading to state the effect thereof as briefly as possible, without setting out the whole or
any part thereof, unless the precise words of the document or any part thereof are
material.

10. Wherever it is material to allege, malice fraudulent intention, knowledge or other

condition of the mind of any person, it shall be sufficient to allege the same as a fact
without setting out the circumstances from which the same is to be inferred.

11. Wherever it is material to allege notice to any person of any fact, matter or thing, it
shall be sufficient to allege such notice as a fact, unless the form or the precise terms of
such notice, or the circumstances from which such notice is to be inferred, are material.

12. Whenever any contract or any relation between any persons is to be implied from a
series of letters or conversations or otherwise from a number of circumstances, it shall be
sufficient to allege such contract or relation as a fact, and to refer generally to such
letters, conversations or circumstances without setting them out in detail. And if in such
case the person so pleading desires to rely in the alternative upon more contracts or
relations than one as to be implied from such circumstances, he may state the same in the
alternative.
13. Neither party need in any pleading allege any matter of fact which the law presumes in
his favour or as to which the burden of proof lies upon the other side unless the same has first
been specifically denied (e.g., consideration for a bill of exchange where the plaintiff sues
only on the bill and not for the consideration as a substantive ground of claim).

14. Every pleading shall be signed by the party and his pleader (if any): Provided that where
a party pleading is, by reason of absence or for other good cause, unable to sign the pleading,
it may be signed by any person duly authorized by him to sign the same or to sue or defend
on his behalf.

15. (1) Save as otherwise provided by any law for the time being in force, every pleading
shall be verified [on oath or solemn affirmation] at the foot by the party or by one of the
parties pleading or by some other person proved to the satisfaction of the Court to be
acquainted with the facts of the case.

(2) 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

(3) The verification shall be signed by the person making it and shall state the date on which
and the place at which it was signed.

16. The Court may at any stage of the proceedings order to be struck out or amended any
matter in any pleading which may be unnecessary or scandalous or which may tend to
prejudice, embarrass or delay the fair trial of the suit.

17. The Court may at any stage of the proceedings allow either party to alter or amend his
pleadings in such manner and on such terms as may be just, and all such amendments shall be
made as may be necessary for the purpose of determining the real questions in controversy
between the parties.

18. If a party who has obtained an order for leave to amend does not amend accordingly
within the time limited for that purpose by the order, or if no time is thereby limited then
within fourteen days from the date of the order, he shall not be permitted to amend after the
expiration of such limited time as aforesaid or of such fourteen days, as the case may be,
unless the time is extended by the Court.
https://www.aaptaxlaw.com/code-of-civil-procedure/order-VI-code-of-
civil-procedure-rule-1-2-3-4-5-6-pleadings-generally-rule-1-2-3-4-5-
6-order-VI-of-cpc-1908-code-of-civil-procedure.html#:~:text=
%22Pleading%22%20shall%20mean%20plaint%20or%20written
%20statement.&text=(1)%20Every%20pleading%20shall
%20contain,they%20are%20to%20be%20proved. 

Rule 6 Order VI of Code of Civil Procedure 1908 "Condition

precedent"

Any condition precedent, the performance or occurrence of which is

intended to be contested, shall be distinctly specified in his pleading by
the plaintiff or defendant, as the case may be; and, subject thereto, an
averment of the performance or occurrence of all conditions precedent
necessary for the case of the plaintiff or defendant shall be implied in
his pleading.