Introduction

Pleadings are foundation of the litigation process, setting the stage for the trial by outlining the respective claims and defenses of the parties involved. The primary purpose of pleadings is to clearly define the issues in contention, enabling the court to adjudicate effectively.

• Order VI of the Civil Procedure Code, 1908 (CPC) specifically deals with pleadings, establishing the rules for their structure, content, and amendment.

Definition: Rule 1 of Order VI

• The term “Pleading” shall mean plaint or written statement.

Basic Rules of Pleading: Rule 2 of Order VI

• Order VI Rule 2 of CPC lays down some general principles regarding pleadings which are as follows:
  • Pleadings should state facts and not law.
  • The facts stated should be material facts i.e. Facta Probanda
  • Pleadings should not state the evidence i.e. Facta Probantia
  • The facts should be stated in a concise form.

Other Rules of Pleadings Contained in Order VI

• Forms of pleading: Rule 3
  • Rule 3 states that forms in Appendix A to the first schedule of CPC should be used where they are applicable.
  • Where they are not applicable, forms of like character should be used.
• Particulars to be given where necessary: Rule 4
  • Wherever misrepresentation, fraud, breach of trust, wilful default or undue influence are pleaded in the pleadings, particulars with dates and items should be stated.
• Condition Precedent: Rule 6
  • The performance of a condition precedent need not be pleaded since it is implied in the pleadings.
  • Non- performance of a condition precedent must be specifically and expressly pleaded.
• Departure: Rule 7
  • Generally, departure from pleading is not permissible except by way of amendment.
  • No party can raise any ground of claim or contain any allegation of fact inconsistent with its previous pleadings.
• Denial of Contract: Rule 8
  • A bare denial of a contract by the opposite party will be construed only as a denial of fact of a contract and the legality, validity of such contract.
• Effect of document to be stated: Rule 9
  • Documents need not to be set out at length in the pleadings unless the words therein are material.
• Malice, knowledge etc.: Rule 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.
• Notice: Rule 11
  • Whenever giving notice to any person is necessary, pleadings should only state regarding giving of such notice without setting out the form or circumstances which it is to be inferred, unless they are material.
• Implied Contract or Relation: Rule 12
  • In cases where a contract or relation is implied from a series of letters or conversations, the pleading should specifically state such letters or conversations.
• Presumption of Law: Rule 13
  • Facts which the law presumes in favor of a party or as to which the burden of proof lies upon the other side need not be pleaded.
• Pleading to be signed: Rule 14
  • Every pleading should be signed by the party and his pleader.
• Verification of Pleadings: Rule 15
  • Every pleading should be verified on an affidavit by the party or by one of the parties or by a person acquainted with the facts of the case.

Striking out Pleadings: Rule 16 of Order VI

• A Court at any stage of the proceedings may order striking of pleadings in the following cases:
  • Where such pleading is unnecessary, scandalous, frivolous or vexatious
  • Where such pleading tends to prejudice, embarrass or delay fair trial of the suit
  • Where such pleading is otherwise an abuse of the process of the court

Amendment of Pleadings: Rule 17-18 of Order VI

• The Court may at any stage of the proceedings allow either party to alter or amend his pleadings for the purpose of determining the real questions in controversy between the parties.
• No application for amendment shall be allowed after the trial has commenced.
• If a party who has obtained an order for leave to amend does not amend accordingly within the time given by court, he shall not be permitted to amend after the expiration of such time.
• Where no time is specified in order, then the party must amend his pleading within fourteen days.

Case Laws

• Sathi Vijay Kumar v. Tota Singh (2006):
  • The Supreme Court held that, if the parties have not offended the rules of pleadings by making averments or raising arguable issues, the court would not order striking out pleadings.
• Kisandas Rupchand & Ors v. Rachappa Vithoba Shilvant & Ors (1909):
  • The High Court of Bombay held that, all amendments ought to be allowed which satisfy the condition:
    • Not working injustice to the other side.
    • Being necessary for the purpose of determining the real questions in controversy between the parties.
• Ganga Bai v. Vijay Kumar (1974):
  • The Supreme Court held that notwithstanding the law of limitation, the power to allow an amendment is undoubtedly wide and may at any stage be appropriately exercised in the interest of justice.

Conclusion

Order VI of the CPC lays down a comprehensive framework for pleadings in civil litigation. By mandating clarity, conciseness, and specificity, it aims to streamline the judicial process, ensure fair play, and facilitate the effective administration of justice. Understanding and adhering to these rules is crucial for litigants and legal practitioners to present their cases effectively and avoid procedural difficulty.