Pleadings form the foundation of civil litigation. The Code of Civil Procedure, 1908 (CPC) lays out a detailed legal framework that governs pleadings through Order 6, ensuring clarity, consistency, and fairness in the conduct of a civil suit.
What are Pleadings?
In simple terms, pleadings are written statements submitted by parties in a civil case, containing material facts on which they rely.
Plaintiff’s pleading is called a plaint
Defendant’s pleading is called a written statement
Pleadings define the scope of the dispute and prevent either party from deviating from the original issues during trial.
Relevant Legal Provisions in CPC
| Order/Section | Provision |
|---|---|
| Order 6 | General rules of pleadings |
| Order 7 | Rules relating to plaint |
| Order 8 | Rules relating to written statement, set-off, counterclaim |
| Section 26 | Institution of suits requires a plaint |
Essential Elements of Pleadings
According to Order 6 Rule 2 of CPC, pleadings must contain:
- Material facts only
- No evidence
- Concise and clear language
“Facts constituting the cause of action” and “relief claimed” must be clearly stated.
Objectives of Pleadings
- To give clear notice to the opposite party
- To prevent surprise and injustice
- To help the court frame correct issues
- To limit the scope of litigation
- To bring precision and clarity to the trial
Types of Pleadings under CPC
| Type | Filed By | Purpose |
|---|---|---|
| Plaint | Plaintiff | Statement of claim and relief sought |
| Written Statement | Defendant | Defense to the plaintiff’s claim |
| Set-off | Defendant | Claim made by defendant against the plaintiff |
| Counter-Claim | Defendant | Independent claim raised by the defendant |
| Replication | Plaintiff | Response to the written statement |
| Rejoinder | Defendant | Response to the replication (only when allowed by court) |
Key Rules of Pleadings (Order 6 CPC)
- Pleadings should not contain law or evidence
- Must contain only material facts, not detailed background
- Should be precise and specific
- Amendments allowed by court for justice and clarity (Order 6 Rule 17)
- Verification of pleadings is mandatory
Doctrine of Pleadings
The doctrine of pleadings ensures that:
- Only issues arising from pleadings are tried
- Parties cannot go beyond their pleadings during trial
Case Law: Bachhaj Nahar v. Nilima Mandal (AIR 2008 SC 543)
Held that relief not founded on pleadings cannot be granted, even if evidence supports it.
Amendment of Pleadings
- Governed by Order 6 Rule 17 CPC
- Permitted when necessary for determining the real issues in dispute
- Cannot be used to introduce new or inconsistent claims
- Not allowed when trial has already commenced, unless justified
Case Law: Rajkumar Gurawara v. S.K. Sarwagi (AIR 2008 SC 2309)
Amendments can be permitted even after commencement of trial in the interest of justice.
Consequences of Defective Pleadings
- Dismissal of suit
- Rejection of plaint or defense
- Striking off pleadings by court
- Delay in proceedings and adverse cost orders
Importance of Pleadings in Civil Litigation
- Forms the blueprint of the case
- Helps in framing issues
- Aids in admission and denial of documents
- Saves judicial time and streamlines litigation
- Ensures fair trial and natural justice
Summary Table: Key Differences
| Aspect | Plaint | Written Statement |
|---|---|---|
| Filed by | Plaintiff | Defendant |
| Purpose | To initiate suit and seek relief | To respond to allegations and raise defenses |
| Legal Provision | Order 7 CPC | Order 8 CPC |
| Includes | Cause of action, facts, legal grounds, relief | Admissions, denials, new facts, defenses |
| Time to file | At the time of institution | Within 30 days from receipt of summons (extendable to 90 days) |
