PLEADING

Pleading are statements of the parties in writing, setting out their contentions and claims or counter-
claims, giving details so that the opposite party may know what case he/she has to meet or what is the
reply to the other side’s case.

Pleading includes “Plaint” & ”Written Statement”.

WHAT PLEADING CONTAINS?

ORDER VI RULE 2 of C.P.C provides: “Pleading to state material facts and not Evidence”

Every Pleading shall contain a statement in 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.

Every Pleading shall, when necessary be divided into paragraphs, numbered consecutively, each
allegation being, contained in a separate paragraph.

Dates, Sums, Numbers shall be expressed in both figures and words.

OBJECT OF PLEADING:
The object of Pleading is to give fair notice to each party of what the Opponent’s case is. Pleadings
crystallise the points on which ‘parties to the suit’ are at Issue. The parties come to know what the matters
in dispute are and what Facts they have to prove at the Trial. According
to Lord HalsBury- “Whatever system of Pleadings may exist, the sole object of it is that each side may
be fully alive to the questions that are about to be argued in order they may have opportunities to bring
such evidence, appropriate to the issue.”

Knowing beforehand, what points opposite parties will raise at the trial, the parties become prepare to
meet them and are not taken by suprise.

Object of Pleading is to keep the opposition party on the vigil regarding the case based on the said
pleading. If Pleadings though not specific, disclose the case, it would not be improper for courts to
provide relief; inspite of position that court cannot grant relief to parties ona case for which there ws no
foundation for pleading.
 FUNDAMENTAL RULES OF PLEADING:
1. Neither any ‘Provision of law’ nor ‘Conclusions of mixed law and fact’, be alleged in
a pleading. Example- Where Plaintiff alleged that he was entitled to get free supply of water
for crops raised on the land, irrespective of the nature f the crops. But the facts on which he
relied as foundation of his right were not set out in the Plaint. It was laid down that this Pleading
was bad; also because a legal inference was pleaded (which should be left for court to draw).

As to the question ‘what are the material?, it was held by S.C that every fact is material for the pleading
of a party which he is bound to prove at the trial before he can succeed in his claim or defence’, Unless
admitted by other party, defendant need not repeat those facts.

2. Form of Pleading-
Forms in Appendix A (of C.P.C ) when applicable forms of ‘like character, as nearly as may be, shall be
used for all’ pleadings.

3. Particulars to be given where necessary-

In all cases where Party pleading relies on any Misrepresentation, Fraud, Breach of Trust, Wilful Default
or Undue-Influence and in all other cases where Particulars may be necessary.

Particulars(with dates and items if necessary) shall be stated in the pleading.

S.C has laid down that plea of Undue Influence cannot be made out from the general allegations in the
plaint, if not specifically pleaded.

4. 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.

5. Departure-
No pleading shall write any new ground of claim or contain any allegation of fact inconsistent with
previous Pleadings, except by the way of amendment.

No party can be allowed to depart from his definite case stated in his Pleading.

A Defendant should not be allowed to amend his written Statement of the Amended Plaint without
permission of the court.

6. Denial of contract-
Where a Contract is alleged in any pleading, a bare denial of the same by the opposite party shall be
viewed only as a denial in token of the express contract alleged or of the matters of the fact from which
the same maybe Implied, and not the denial of the legality or sufficiency in Law of such contract.
 7. Effect of Document to be stated-
Wherever the contents of any document are material, it shall be sufficient in any Pleading to statethe
effect thereof as briefly as possible, without setting out whole or any part thereof, unless the precise
words of the document or any part thereof are material.

8. Malice, Knowledge, etc-

Whenever 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.

9. Notice-
Whenever it is Alleged 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 precise term of such Notice, or the circumstances from which
such notice is to be inferred are material.

10. Presumptions of Law-

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
Consideration for a Bill of Exchange where the Plaintiff sues only on the bill and not for the consideration
as substantive ground of the claim.

11. Pleadings to be signed-

Every Pleading shall be signed by the party and his pleader (if any) provided that where a party pleading,
it may be signed by any person duly authorised to sign the same or to sue or defend on his behalf.

12. Striking out Pleadings-

The Court may at any stage of the proceedings order to be struck out or amended any matter in any
pleading

a). which may be unnecessary, scandalous, frivolous or vexatious, or

b). which may tend to prejudice, embarrass or deny the fair trial of the suit, or

c). which is otherwise an abuse of the process of the court.

 PARTICULARS IN A PLAINT: [ORDER VII- (C.P.C)]
[A]. HEAD:

Name of the court where suit is brought, with the place of its jurisdiction.

[B]. PARTIES DETAILS:

Name of Plaintiff/ Defendant;

Father’s Name;

Age;

Caste;

Address.

[C]. FACTS:

Facts can be divided into two: VARIABLE & FIXED FACTS

Variable Fact may contain details depending on the case; however Fixed Facts must contain these
Ingredients-

i) NOTICE,
ii) CAUSE OF ACTION,
iii) LIMITATION PERIOD,
iv) JURISDICTION CLAUSE,
v) COURT FEE & VALUE OF SUIT.

[D]. RELIEF:

Prayer, which may contain- Compensation, Interest, Court Litigation fees, mesne profits, or any other
relief which court deem fit

[E]. SIGNATURE AND VERIFICATION:

********************
****************