Pleading in CPC | Order VI

Pleading in CPC

Pleading in CPC has been provided under Order VI of the Civil Procedure Code, 1908. Pleadings in Law are nothing but the written presentation by the litigants in a lawsuit setting forth the facts upon which the plaintiff claims the legal relief or challenges the claims which are claimed by the plaintiff. Therefore, pleading in cpc is the written form which is submitted to the court and it ordinarily means plaint, written statement, replication or rejoinder etc.

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Pleading in CPC

Pleading Meaning in Law

Pleading meaning in law includes plaint and written statement. The person who approaches the court by filing the plaint is called the plaintiff and the one who defends himself against whom the contentions or allegations are made by the plaintiff is called the defendant.

The pleadings in law include claims and counterclaims but not the evidence by which the litigant intends to prove his case. The pleading in law is a statement in writing which is filed by the plaintiff stating his contentions on the case whereas the defendant shall file the written statement defending himself against the contentions or allegations made by the plaintiff.

Pleadings include claims and counterclaims but not the evidence by which the litigant intends to prove his case. The pleading in law is a statement in writing which is filed by the plaintiff stating his contentions on the case whereas the defendant shall file the written statement defending himself against the contentions or allegations made by the plaintiff.

Definition of Pleading

The meaning and definition of pleading have been provided under Order VI Rule 1 of the Code of Civil Procedure Code, 1908. As per this order, the pleading is defined as a plaint or written statement.

The word 'Plaint' is nowhere defined in the CPC. However, a plaint can be defined as a statement of claim or contentions or allegations made by the plaintiff against the defendant seeking relief and a plaint contains the material fact by the presentation of which a suit is instituted in the court of law.

The word 'Written Statement' is also not defined in CPC. However, the written statement can be defined as a term of specific connotation ordinarily signifying a reply to the plaint filed by a plaint, this is defined in Food Corporation of India v/s Yadav Engineer and Contractor.

Further, it is stated by the Cornell Law School, the pleading is the beginning and initial stage of the civil proceeding in which the parties formally submit their claims and defences.

Objective of Pleading

The main object of pleadings is to bring parties to a definite issue and diminish expense and delay and prevent surprise at the hearing.

The provisions relating to pleadings in cpc are enumerated in Orders VI, VII and VIII of the Code of Civil Procedure Code, 1908. The aims and objectives of the pleadings are;

1. Pleadings ascertain the issues between the plaintiff and defendant.
2. Pleadings narrow down the area of dispute between the parties.
3. Pleadings state the facts which need to be proved at the trial.
4. Pleadings provide a clear picture of the case thereby enhancing and expediting the court proceedings.
5. Pleading enables the court to decide the right of the parties in a trial.
6. Pleading helps the court to determine the burden of proof.

Fundamental Rules of Pleadings

Fundamental rules of pleadings have been enumerated under Order 6 Rule 2 of the Civil Procedure Code, 1908. They are as follows;

1. Pleading should state the facts and not the law,
2. The facts should be material facts,
3. Pleading should not state the evidence,
4. The facts stated in the pleading should be in a concise form.

Read Also:

1. Amendment of Pleadings
2. Institution of Suit under CPC

Pleadings Should State the Facts and Not the Law

The first and important fundamental rules of pleadings stated that the pleading should narrate all the facts and not the law. Therefore, it is stated that the question of fact must be pleaded, i.e. the existence of any custom or usage, intention, waiver, or negligence etc. must be pleaded.

In the case of Kedar Lal v/s Hari Lal, where it was held that the parties are under the duty to state the facts only and not the law in the pleadings. The facts should be material facts on which they are claiming their relief or compensation. Therefore, the court shall apply the law as per the stated facts to deliver the judgment.

The Facts Should be Material Facts

The second fundamental rule of pleadings is to present the facts which should be material facts only and immaterial facts should not be considered.

Therefore, the question arose in the court of law which facts are material facts and which facts are not, How to differentiate between material facts and immaterial facts?

In the case of Union of India v/s Sita Ram, the actual scope of material facts has been discovered by the Supreme Court of India. It is stated that material facts will be inclusive of all those facts upon which the plaintiff's counsel will claim damages or rights as the case may be or the defendant will put forth his defence.

Moreover, the meaning of material facts can be stated as, 'facts which will form the basis for claiming a right or compensation by the plaintiff or prove the defendants' defence in the written statement.'

In Virendra Nath v/s Satpal Singh, it was held by the Supreme Court that "the phrase material fact may be said to be those facts upon which parties relied for their claim or defence."

Furthermore, it is stated that the material facts or immaterial facts may differ from case to case and depends on the circumstance of the case.

Pleading Should not State the Evidence

The third fundamental rule of pleadings is that the pleading should not contain any evidence that the material facts are to be proved. Therefore, it is stated that a pleading should contain only a statement of material facts on which the parties rely but should not contain evidence by which those facts are to be proved.

There are two types of facts:

1. Facts Probanda: - It means the facts which need to be proved i.e. the material facts.
2. Facts Probantia: -  It means the facts by which a case is to be proved i.e. evidence.

Therefore, only facts probanda should be a part of pleadings and not facts probandita.

The Facts Stated in the Pleadings Should be in a Concise Form

The last basic rule of pleading is that the pleading should be in a compressed and concise form. At the same time, it must be kept in mind that in order to maintain brevity of facts one should not miss out on important facts in the pleadings. Furthermore, unnecessary and irrelevant facts should not be pleaded either in a plaint or written statement. Instead, the pleading should contain precise, clear and specific material facts only.

Particulars or Other Rules of Pleadings

1. Particulars with dates and items should be stated wherever fraud, misrepresentation, breach of trust, undue influence or wilful default are pleaded in the pleadings.
2. Generally, a departure from pleading is not permissible, and except by way of amendment, no party can raise any ground of claim or contain any allegation of fact inconsistent with his previous pleadings.
3. Non-performance of a condition precedent should be specifically mentioned in the pleadings. Performance of the same shall not form a part of the pleadings since it is already implied.
4. If the opposite party denies a contract, it will be held as a denial of the facts of the contract and not its validity, enforceability and legality.
5. Wherever malice, fraudulent intention, knowledge or other condition of the mind of a person is material, it may be alleged in the pleading only as a fact without setting out the circumstances from which it is to be inferred.
6. Unless the facts are material, there is no need for the facts to be stated verbatim.
7. Pleadings should only state the giving of notice, when it is required to give a notice or condition precedent, without disclosing the form or manner of such notice or giving details of any circumstances from which the form of notice can be determined, unless the same is material.
8. Implied relations between persons or contracts can be alleged as facts and the series of conversations, letters and the circumstances from which they are to be inferred should be pleaded generally.
9. The facts which deal with the onus of proof or which favour a party shall not be pleaded.
10. Every pleading should be signed by the party or one of the parties or by his pleader.
11. A party to the suit shall provide his and the opposite party’s address.
12. Each and every pleading need to be approved by making an affidavit by the party or a person who is acquainted with the facts stated in the pleading.
13. A pleading may be ordered to be struck out by a court of law, if it feels the same is scandalous, frivolous, unnecessary or intended towards embarrassing, prejudicing or delaying a fair trial in the court.
14. Amendment of pleadings shall be allowed by the court
15. The pleadings shall be divided into proper paragraphs whenever required, consecutively numbered and structured properly. Every argument or allegation must be in separate paragraphs. Dates, sums and any totals shall be expressed in figures as well as in words so as to maintain clarity for the judge as well as the parties concerned in the trial.
16. Forms in Appendix A of the Code should be used wherever they are applicable. Where they are not applicable, forms of nature should be used.

Frequently Asked Questions

What do you mean by pleading in CPC?

The meaning and definition of pleading have been provided under Order VI Rule 1 of the Code of Civil Procedure Code, 1908. As per this order, the pleading is defined as a plaint or written statement. The word 'Plaint' is nowhere defined in the CPC. However, a plaint can be defined as a statement of claim or contentions or allegations made by the plaintiff against the defendant seeking relief and a plaint contains the material fact by the presentation of which a suit is instituted in the court of law. The word 'Written Statement' is also not defined in CPC. However, the written statement can be defined as a term of specific connotation ordinarily signifying a reply to the plaint filed by a plaint, this is defined in Food Corporation of India v/s Yadav Engineer and Contractor.

What do you mean by pleadings?

Pleading meaning in law includes plaint and written statement. The person who approaches the court by filing the plaint is called the plaintiff and the one who defends himself against whom the contentions or allegations are made by the plaintiff is called the defendant.

What are the basic rules of pleading in CPC?

Fundamental rules of pleadings have been enumerated under Order 6 Rule 2 of the Civil Procedure Code, 1908. They are as follows; 1. Pleading should state the facts and not the law, 2. The facts should be material facts, 3. Pleading should not state the evidence, 4. The facts stated in the pleading should be in a concise form.

What is Pleading in CPC?

The meaning and definition of pleading have been provided under Order VI Rule 1 of the Code of Civil Procedure Code, 1908. As per this order, the pleading is defined as a plaint or written statement

Conclusion

Pleading in CPC is the backbone of civil litigation. Every civil suit is set out in the pleading. The scope of pleading guides the parties in the suit to form the arguments and know the contentions of the other party so as to frame claims or defence by either party respectively. Therefore, we can say, that pleading is the guidance in the whole journey of the suit.