Pleadings under CPC
Pleadings under CPC
What are Pleadings?
Pleadings are formal written statements filed by the parties in a civil suit, containing their respective claims, defenses, facts, and grounds upon which they rely. They form the foundation of the case by defining the issues to be decided by the court.
Purpose of Pleadings:
To inform the opposite party of the case made against them.
To narrow down the issues to be tried.
To give the court clear facts on which the parties rely.
To avoid surprises during trial.
To enable the court to deliver a just and proper judgment.
Governing Provisions of Pleadings in CPC:
Order VI Rules 1 to 17 of the CPC deal with pleadings.
Section 42 of the Indian Evidence Act, 1872 also indirectly governs pleadings concerning facts and evidence.
Types of Pleadings:
Plaint (Order 7 CPC):
Filed by the plaintiff containing:
Cause of action.
Facts constituting the claim.
Reliefs sought.
Written Statement (Order 8 CPC):
Filed by the defendant containing:
Denial or admission of facts.
Grounds of defense.
Set-off or counterclaim, if any.
Replication:
The plaintiff’s reply to the defendant’s written statement (not mandatory but allowed in certain cases).
Essential Components of Pleadings (Order 6 Rule 2):
Conciseness: Pleadings must be concise but contain all material facts.
Material Facts: Facts that support the cause of action or defense.
Avoid Legal Arguments: Pleadings should state facts, not legal conclusions or evidence.
Clear and Distinct: Facts must be stated clearly and distinctly.
No Evidence: Evidence is not to be stated in pleadings but presented during the trial.
Rules Regarding Pleadings:
Material facts must be stated (Order 6 Rule 2):
Only facts, not law or evidence, are to be pleaded.
Facts which need not be proved (Order 6 Rule 4):
Certain facts, like judicially noticeable facts, need not be pleaded.
Pleadings must be signed (Order 6 Rule 1):
Every pleading must be signed by the party or their lawyer.
Amendment of pleadings (Order 6 Rule 17):
Courts may allow amendment of pleadings to avoid injustice.
Statements of law need not be pleaded (Order 6 Rule 2):
Only facts are to be pleaded, not the legal conclusions drawn from them.
Importance of Pleadings:
Framing Issues: Issues are framed based on pleadings.
Evidence Bound by Pleadings: Evidence must relate to pleaded facts.
Defence and Claim: The defendant can only defend against what is pleaded.
Avoiding Surprise: Ensures no party is taken by surprise.
Consequences of Non-Compliance or Defective Pleadings:
Rejection of plaint or written statement.
Suit or defense may be dismissed.
Court may order amendment.
Delay in trial.
Important Case Laws on Pleadings:
1. Ramachandra Nair v. Union of India, AIR 1961 SC 125
The Supreme Court held that pleadings must disclose a cause of action.
Pleadings must clearly state material facts to enable the court to determine the rights of parties.
2. S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853
The Court reiterated that pleadings should contain only facts, not evidence or law.
Legal conclusions are not pleadings.
3. Lallubhai Shamji v. Devji Bhailal, AIR 1957 SC 320
Held that a party cannot be allowed to give evidence on facts not pleaded.
Evidence must be confined to pleaded facts.
4. P.K. Sharma v. Union of India, AIR 1980 SC 1354
Pleadings must be clear and unambiguous.
Ambiguous or vague pleadings may lead to dismissal.
Summary Table:
| Aspect | Explanation |
|---|---|
| Definition | Formal written statements stating facts and claims |
| Governing Provisions | Order 6, 7, 8 CPC |
| Types | Plaint (Plaintiff), Written Statement (Defendant), Replication |
| Key Rules | Material facts only, no legal arguments, concise, signed |
| Purpose | Inform parties, frame issues, avoid surprises |
| Consequences of Defects | Rejection, dismissal, amendment |
| Important Cases | Ramachandra Nair, S.P. Chengalvaraya Naidu, Lallubhai Shamji |
Practical Example:
In a suit for breach of contract, the plaintiff's plaint must clearly state:
Existence of contract.
Terms breached.
How breach occurred.
Loss suffered.
Relief sought.
The defendant’s written statement must admit or deny these facts, and can raise defenses like performance, waiver, or counterclaims.
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