Order 6 CPC - Code of Civil Procedure - Pleadings Generally | Civil Law for Judiciary Exams PDF Download

Order VI – Pleadings Generally

Rule 1: Pleading

• “Pleading” refers to a plaint or a written statement presented in a legal case.

Rule 2: Pleading to state material facts and not evidence

1. Each pleading should succinctly state the essential facts that the party relies on for their claim or defense, without including the evidence meant for proof.
2. Pleadings should be structured into numbered paragraphs for clarity, with each point ideally in a separate paragraph.
3. Dates, amounts, and numerical values in a pleading should be presented both in words and figures.

Rule 3: Forms of pleading

• Legal documents should follow the prescribed formats provided in Appendix A. If those formats are not applicable, similar forms should be used.

Rule 4: Particulars to be given where necessary

• When a party bases their case on misrepresentation, fraud, breach of trust, willful default, or undue influence, or when additional details are essential beyond the standard forms, specific particulars (including dates and items if required) must be included in the pleading.

Rule 5: Further Explanation and Specifics

• Omitted by Act 46 of 1999, S. 16 (w.e.f. 1-7-2002)

Rule 6: Condition Precedent

• When a condition precedent is contested, the plaintiff or defendant must clearly outline it in their pleading. Furthermore, the pleading should implicitly include averments regarding the performance or occurrence of all necessary precedent conditions for the plaintiff's or defendant's case.

Rule 7: Prohibition Against Departure

• No pleading is allowed to introduce new grounds of claim or assert facts that conflict with previous pleadings of the same party, except through proper amendment.

Rule 8: Denial of Contractual Obligation

• When a contract is mentioned in a pleading, a mere denial by the opposing party is seen as a denial of the expressly alleged contract or the implied facts supporting it, rather than a challenge to the legality or sufficiency of the contract in question.

Rule 9: Disclosure of Document Impact

If the contents of a document are significant, a pleading should briefly state its effect without reproducing it in full, unless the precise wording is crucial. This helps in maintaining conciseness while conveying essential information.

Rule 10: Malice, Knowledge, etc.

• When it is important to claim malice, fraudulent intent, knowledge, or any other mental state of a person, it is enough to state it as a fact without detailing the circumstances that lead to such conclusions.

Rule 11: Notice

• When it is crucial to assert that a person has been made aware of a specific fact or matter, it suffices to state this awareness as a fact. It is not necessary to provide the exact terms of the notice or the specific circumstances inferring the notice unless they are significant.

Rule 12: Implied Contract or Relation

• When implying a contract or relationship from a series of correspondences, conversations, or circumstances, it is adequate to state this implied contract or relation as a fact. One can generally refer to the letters, conversations, or circumstances without detailing them extensively. In case the pleading individual wishes to alternatively rely on multiple contracts or relations implied from these circumstances, they can state them in the alternative.

Rule 13: Presumptions of Law

• Neither party is required to allege any fact that the law assumes in their favor or where the burden of proof lies on the other side unless it has been specifically denied. For instance, in a case involving a bill of exchange, the plaintiff suing solely on the bill is not obligated to claim consideration unless it's expressly contested.

Rule 14: Pleading to be signed

• Every pleading must bear the signature of the party and their legal representative, if they have one.
• If a party is unable to sign a pleading due to absence or other valid reasons, it can be signed by an authorized person acting on their behalf.

Rule 14-A: Address for service of notice

1. When a party files a pleading, they must submit a form, as per Rule 14, detailing the party's address.
2. The party can update this address by submitting a filled form to the court along with a verified petition.
3. The address provided in the form will be considered the party's "registered address" for service of legal documents until officially changed. This address remains valid for two years after the case concludes.
4. Legal documents can be served at the party's registered address as if the party resides there.
5. When the Court finds that a party's registered address is incomplete, false, or fictitious, it has the authority to take specific actions:
   (a) If the plaintiff provided the inaccurate address, the Court can pause the legal proceedings.
   (b) If the defendant provided the inaccurate address, their defense can be dismissed, and they will be treated as if they never responded.
6. If a case is put on hold or a defense is dismissed under the above circumstances:
   (a) The plaintiff or defendant, upon submitting their correct address, can request the Court to reverse the pause or dismissal.
   (b) If the Court acknowledges a valid reason for the delayed submission of the correct address, it will annul the pause or dismissal, imposing suitable conditions, including costs, and set a new date for continuing the legal process.
7. The rule does not restrict the Court from serving legal documents at a different address if it deems it necessary.

Rule 15: Verification of Pleadings

• Unless stated otherwise by applicable law, all legal pleadings must be confirmed at the bottom by the party presenting them or someone well-acquainted with the case's details and approved by the Court.
• The individual verifying a pleading must indicate what they verify based on personal knowledge and what they verify based on information they have received and believe to be true.
• The verification must be signed by the person making it and should include the date and place of signing.
• Additionally, the person verifying the pleading must provide an affidavit supporting their pleadings.

Rule 16: Striking out Pleadings

The Court has the authority to order the removal or modification of any content in a pleading:

• That is unnecessary, scandalous, frivolous, or vexatious
• That could prejudice, embarrass, or delay the fair trial of the case
• That constitutes an abuse of the court's process

Rule 17: Amendment of Pleadings

The Court can permit either party to change or adjust their pleading at any stage of the proceedings:

• This modification should be just and necessary to determine the actual disputes between the parties
• No requests for amendments are allowed after the trial begins, except in cases where it was impossible to raise the issue earlier despite diligent efforts.

Rule 18: Failure to amend after order

• If a party who has obtained an order for leave to amend does not make the necessary amendments within the specified time frame granted by the order, or within fourteen days from the date of the order if no specific time limit is set, then that party will not be allowed to make amendments after the lapse of the given time period unless the Court grants an extension.

Important Case Laws

Objective of pleading

• The main purpose of pleadings is to bring the parties involved in a legal case to a clear and defined issue. The rules governing pleadings aim to prevent the expansion of issues, ensuring that both parties are aware of the core points to be discussed and decided upon during the trial. This system helps narrow down the focus to specific issues, reducing costs and delays in legal proceedings by minimizing the amount of evidence required from each side.

• In the case of Throp v. Holdswort (1876) 3 Ch D 637, it was emphasized that the objective of the rules related to pleadings is to limit issues and facilitate a clear understanding of the matters to be addressed during trial. This approach is aimed at streamlining the legal process and avoiding unnecessary complications.

• In Virendra Kashinath Ravat v. Vinayak N. Joshi (1999) 1 SCC 47, it was clarified that the purpose of the rules governing pleadings is two-fold. Firstly, they provide the opposing party with information about the specific facts of the case to be addressed. Secondly, they help the court identify the key issues between the parties. The emphasis is on drafting concise pleadings that contain essential facts without unnecessary elaboration. This ensures clarity and efficiency in legal proceedings.

Virendra Kashinath Ravat v. Vinayak N. Joshi, (1999) 1 SCC 47

Contradiction between evidence and pleading

• When the evidence presented in a case does not align with what was initially stated in the pleadings, it creates a contradiction that can impact the case outcome.
• Legal precedents such as Siddik Mohd. Shah v. Saran and Trojan and Co. v. Rm. N.N. Nagappa Chetiar highlight that when evidence contradicts the pleadings or is drastically different from them, it can lead to adverse inferences being drawn. In such instances, the evidence may not be considered or relied upon.
• Decisions like Rajendra Kumar v. Kalyan and Raushan Devi v. Ramji Sah emphasize that determining facts like adoption often hinges on a careful evaluation of the evidence available in the case.

Kashi Nath v. Jaganath, (2003) 8 SCC 740

What will be the contents of a Pleading and how will they be read?

• Every aspect of a pleading is crucial and should be thoroughly examined. Courts are required to consider the entire content of a pleading rather than focusing on specific parts.
• As per legal principles outlined in cases like Roop Lal Sathi v. Nachhattar Singh Gill, if a pleading fails to establish a cause of action, the entire pleading may be dismissed rather than individual sections.

Sopan Sukhdeo Sable v. Asstt. Charity Commr., (2004) 3 SCC 137

It is essential to analyze the complete content of a pleading, as opposed to isolating specific allegations. This principle is fundamental in legal proceedings to ensure a comprehensive understanding of the case.

Interpretation of Pleadings

• When analyzing legal documents like a pleading, it is crucial to consider the document as a whole rather than isolating specific parts.
• The true intention behind a pleading is best understood by examining the document in its entirety, without modifying its original content.
• No selective reading or extraction of sentences or passages should be done out of context, as it may distort the intended meaning.
• It is essential to grasp the substance of the pleading from its overall content and language without overly technical interpretations that could hinder justice.

Role of Reliefs in Pleadings

• The reliefs sought in a legal pleading do not form the cause of action but represent the entitlement based on the facts presented in the pleading.
• Order 6 Rule 2 mandates that pleadings should succinctly present the material facts supporting the party's claim without blending them with the relief sought.
• It is important to differentiate between the factual foundation of a claim and the subsequent request for relief to maintain legal clarity and accuracy.
• Granting of reliefs is determined based on the pleaded facts and the evidence provided, not solely on the relief claims made in the pleading.

Reading Pleadings Holistically

• The entirety of a pleading should be considered to assess the validity of the reliefs requested and their alignment with the presented facts and evidence.
• Examining the reliefs in conjunction with the pleadings does not imply compartmentalization or segregation but ensures a comprehensive evaluation of the case.
• The jurisdiction of the court and the existence of a cause of action are determined by the collective assessment of the entire pleading, not isolated components.
• Claiming all reliefs in a pleading does not guarantee their automatic approval; each relief's validity is contingent on the facts and evidence substantiating it.

Mutually inconsistent pleas and defences

• When involved in a legal dispute, it is crucial to note that a party cannot present arguments that directly contradict each other. However, it is admissible for a party to assert inconsistent defenses. 
• For instance, in the case of Devasahayam v. P. Savithramma, it was emphasized that while contradictory pleas are impermissible, inconsistent defenses can be legitimately raised.

Objective of Verification

• Verification of the contents of plaints or petitions serves the purpose of ensuring that the individual acknowledges the responsibility associated with stating the facts in the document. 
• This process, as illustrated in the case of Devi Prasad v. Chairman of the Court of Election Tribunal, aims to make the person aware of their duty when submitting information and verifying its accuracy.

Amendment of Pleadings – Rule

• According to the ruling in Niemeyer v. E.M. Mamooji, any amendments permitted should align with the original pleadings or be consistent with the case's foundation. 
• It is emphasized that alterations must not deviate from the initial facts, equities, or grounds of relief initially put forth by the plaintiff.