Pleadings under CPC

Pleading under the Code of Civil Procedure (CPC), 1908, is a critical aspect of civil litigation in India. Pleadings are the formal written statements filed by the parties in a civil suit to present their claims and defences. They serve as the foundation of the judicial process, helping to delineate the issues in dispute, facilitating a clear understanding of the case and promoting a fair and efficient trial.

What is Pleading under CPC?

Pleading under the Code of Civil Procedure (CPC), 1908, refers to the formal written statements submitted by the parties involved in a civil suit. These documents lay out the respective claims and defences of the plaintiff and the defendant, setting the groundwork for the legal proceedings. The primary objective of pleadings is to clearly outline the issues in dispute, enabling the court to understand the case and facilitating a fair and efficient trial.

The CPC defines two main types of pleadings: the plaint and the written statement. The plaint is the document filed by the plaintiff, detailing the facts of the case, the legal basis for the claim and the relief sought. The written statement is the response submitted by the defendant, addressing the allegations made in the plaint and presenting any defences.

Pleadings must adhere to specific rules, such as stating only material facts, avoiding legal arguments and excluding evidence. This ensures that the focus remains on the facts in dispute, allowing the court to apply the relevant law during the trial. Properly crafted pleadings help streamline the judicial process, minimise misunderstandings and ensure that both parties have a fair opportunity to present their case.

Rules of Pleadings under CPC

The essence of the rules of pleading can be encapsulated in the phrase, “Plead facts, not law.” This principle requires that the counsel for both parties focus on presenting the facts of their case rather than interpreting or suggesting applicable laws.

Basic or Fundamental Rules of Pleadings under CPC

The basic rules of pleadings are outlined in Sub-rule (1) of Rule 2 of Order VI of the Code of Civil Procedure, 1908. These rules include:

1. Pleading Facts, Not Law: This principle was first emphasised in the case of Kedar Lal v. Hari Lal, where it was held that parties must state the facts upon which they base their claims. The court applies the law to these facts to render a judgement. Parties should not assert or apply laws in their pleadings.
2. Material Facts Only: Only material facts should be included in pleadings. Immaterial facts are not considered. In Union of India v. Sita Ram, the court clarified that material facts include all facts upon which the plaintiff claims damages or rights or upon which the defendant bases his defence.
3. Exclusion of Evidence: Pleadings should contain statements of material facts but not the evidence by which those facts are to be proved. There are two types of facts:

• Facts Probanda: Facts that need to be proved (material facts).
• Facts Probantia: Facts by which a case is to be proved (evidence). Only facts probanda should be included in pleadings.

4. Conciseness: Facts should be presented concisely, without omitting important details. This ensures brevity and clarity without sacrificing essential information.

Particulars or Other Rules of Pleadings under CPC

In addition to the basic rules, there are several particulars or specific rules that must be adhered to:

1. Details in Cases of Fraud, Misrepresentation, etc.: When fraud, misrepresentation, breach of trust, undue influence or willful default are alleged, particulars including dates and items must be specified.
2. Consistency in Pleadings: Departure from initial pleadings is generally not permissible except through amendments. No new grounds or inconsistent allegations can be introduced without proper amendments.
3. Condition Precedent: Non-performance of a condition precedent must be specifically mentioned. Performance is implied and need not be pleaded.
4. Denial of Contract: Denial of a contract implies denial of the facts of the contract, not its validity, enforceability or legality.
5. State of Mind: Conditions of the mind (e.g., malice, fraudulent intention, knowledge) can be alleged as facts without detailing the circumstances from which they are inferred.
6. Material Facts Only: Only material facts should be stated; immaterial facts should be excluded.
7. Notice: When a notice is required as a condition precedent, it should be stated without detailing its form or circumstances unless material.
8. Implied Relations: Implied relationships or contracts can be alleged generally without detailing the conversations or letters from which they are inferred.
9. Onus of Proof: Facts that deal with the onus of proof or favour a party should not be pleaded.
10. Signing and Verification: Every pleading must be signed by the party or their pleader and verified by an affidavit by someone acquainted with the facts.
11. Address: The party to the suit must provide their address and that of the opposite party.
12. Affidavit: Every pleading must be supported by an affidavit from the party or someone knowledgeable about the facts.
13. Striking Out Pleadings: Courts may strike out pleadings that are scandalous, frivolous, unnecessary or intended to embarrass, prejudice or delay a fair trial.
14. Amendment of Pleadings: Amendments to pleadings are allowed by the court to ensure justice.
15. Structure and Clarity: Pleadings should be divided into numbered paragraphs, with each containing a separate allegation or argument. Dates, sums and totals should be expressed in both figures and words for clarity.
16. Forms: Wherever applicable, forms from Appendix A of the Code should be used. If not applicable, similar forms should be employed.

Amendment of Pleadings under CPC

Rules 17 and 18 of Order VI of the Code of Civil Procedure, 1908, govern the amendment of pleadings. These provisions aim to achieve justice by allowing necessary amendments that help clarify the issues in dispute.

Rule 17: Amendment of Pleadings

Rule 17 provides that either party may be ordered to amend their pleadings at any stage of the proceedings in a manner that is fair and just. The objective is to determine the exact controversial questions between the parties, ensuring that the pleadings accurately reflect the issues at hand.

Rule 18: Failure to Amend

Rule 18 addresses the consequences of failing to amend pleadings as ordered by the court. If a party does not amend their pleadings within the specified time limit or within 14 days if no time is specified, they will not be permitted to amend after the expiration of this period unless the court extends the time.

Conclusion

The objective of pleading is to streamline court proceedings by clearly identifying the issues in dispute and the material facts relevant to the case. The rules of pleadings under CPC ensure that both parties present their cases based on facts rather than law, avoiding unnecessary details and focusing on the core issues. The ability to amend pleadings allows for flexibility in addressing any oversights or changes in the case, ensuring that justice is served. By adhering to these principles, the legal process becomes more efficient, fair and just for all parties involved.