Pleadings: Meaning, Object, General Rules and Amendment of Pleadings | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

Pleadings form the cornerstone of a party's case. They are essential for outlining the case and are governed by Order VI of the Code of Civil Procedure, 1908. Rules 3 to 13 mandate parties to provide specific details in the pleadings, while Rules 14 and 15 deal with verification and signature. The Court can strike out unnecessary pleadings under Rule 16, and Rules 17 and 18 cover provisions for amending pleadings.

Meaning of Pleading

Pleadings involve making a request or stating contentions in writing, as per Mogha. Rule 1 of Order VI defines pleading as either a plaint or a written statement, representing a party's claim or defense with necessary details. Pleadings are crucial as they determine the outcome of a suit, as emphasized by the Supreme Court.

Object of Pleading

Lord Jessel in Throp v. Holdsworth explained that pleadings aim to narrow down issues, prevent surprises, save time and expense, eliminate irrelevance, and aid in reaching a proper conclusion. The objectives include bringing parties to specific issues and avoiding unnecessary complications.

• To bring parties to specific issues
• To prevent surprise and miscarriage of justice
• To avoid unnecessary expense and trouble
• To save public time
• To eradicate any irrelevance in the suit
• To assist court in reaching a proper and fruitful conclusion

Rules of Pleading

Rules of pleading can be classified into Fundamental or Basic Rules and Particular or Other Rules for clarity.

• Fundamental or Basic Rules
• Particular or Other Rules

Fundamental or Basic Rules

These rules, as per Sub Rule (I) of Rule 2, require pleadings to contain only material facts in a concise form, excluding evidence. It is crucial to state facts, not law, and ensure the facts are material and concise.

• Pleadings should state facts and not law
• The facts stated should be material facts
• Pleadings should not state the evidence
• The facts should be stated in a concise form

Particular or Other Rules

Rules 4-18 of Order 6 outline additional rules for pleadings like stating particulars for misrepresentations, fraud, etc., and allowing amendments to the pleadings.

• Wherever misrepresentations, fraud, breach of trust, willful default or undue influence are pleaded, particulars with dates and items should be stated.
• The performance of a condition precedent need not be pleaded, but non-performance must be specifically pleaded.
• Departure from pleading is generally not allowed without amendment.
• A bare denial of a contract by the opposite party only denies the fact of the contract.
• Documents need not be detailed unless the words are material.
• Malice, fraudulent intention, etc., should be alleged as facts without detailed circumstances.
• Notice requirements should be stated without detailing the form or precise terms.
• Implied contracts may be alleged, with circumstances pleaded generally.
• Facts presumed by law or burden of proof need not be pleaded.

Amendment of Pleadings

Amendment involves revising or altering pleadings, allowing parties to correct errors. Rule 17 of Order VI permits parties to amend pleadings at any stage to determine the real issues in controversy.

Object of Amendment to Pleadings

The objective of amending pleadings is to ensure the court can determine the real issues in dispute, without causing injustice. Amendments assist in correcting mistakes and protecting parties' rights, preventing punishment for errors.

Circumstances for Granting Amendment of Pleadings

• The court allows amendment of pleadings if it does not result in injustice to any party involved.
• Amendment of pleadings is permitted when it is essential for resolving the actual dispute between the parties.
• The court may grant amendments in the following situations:
  • When the nature of the case changes significantly due to the proposed amendment.
  • When a new cause of action emerges as a result of the proposed amendment.
  • When amending the pleadings is necessary to avoid violating the law of limitation.
• Other instances where amendments are allowed:
  • When amending to prevent multiple lawsuits.
  • When there are incorrect descriptions of parties in the plaint or written statements.
  • When the plaintiff forgets to include certain properties in the plaint.

When Can Amendment to Pleading Be Refused?

• An application for amending pleadings may be rejected if the proposed changes are unnecessary for resolving the actual dispute.
• Refusal of an amendment can occur when it introduces a new case or fundamentally alters the nature of the case.
• Amendment requests may be denied if the changes are unjust or violate legal rights.
• Refusal may happen if the amendment leads to unnecessary complexities or if there has been undue delay in filing the suit.
• Furthermore, amendments can be refused if made with malicious intent or after repeated missed opportunities for amendment.

Conclusion

Pleadings serve as the foundation of a trial, shaping the trajectory of a party's case. Properly formulated pleadings are crucial for determining the outcome of a legal dispute. The plaintiff's pleading, known as the Plaint, and the response in the form of a Written Statement play pivotal roles in legal proceedings.