35. Pleadings

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/SectionProvision
Order 6General rules of pleadings
Order 7Rules relating to plaint
Order 8Rules relating to written statement, set-off, counterclaim
Section 26Institution of suits requires a plaint

Essential Elements of Pleadings

According to Order 6 Rule 2 of CPC, pleadings must contain:

  1. Material facts only
  2. No evidence
  3. 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

TypeFiled ByPurpose
PlaintPlaintiffStatement of claim and relief sought
Written StatementDefendantDefense to the plaintiff’s claim
Set-offDefendantClaim made by defendant against the plaintiff
Counter-ClaimDefendantIndependent claim raised by the defendant
ReplicationPlaintiffResponse to the written statement
RejoinderDefendantResponse to the replication (only when allowed by court)

Key Rules of Pleadings (Order 6 CPC)

  1. Pleadings should not contain law or evidence
  2. Must contain only material facts, not detailed background
  3. Should be precise and specific
  4. Amendments allowed by court for justice and clarity (Order 6 Rule 17)
  5. 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

AspectPlaintWritten Statement
Filed byPlaintiffDefendant
PurposeTo initiate suit and seek reliefTo respond to allegations and raise defenses
Legal ProvisionOrder 7 CPCOrder 8 CPC
IncludesCause of action, facts, legal grounds, reliefAdmissions, denials, new facts, defenses
Time to fileAt the time of institutionWithin 30 days from receipt of summons (extendable to 90 days)

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