Order 6 of civil procedure code, pleadings the meaning of pleadings states in rule 1 of order 6, that says pleadings shall means plaint or written statement.
Rule 2 of order 6, In pleadings every parties shall present only material fact not law or evidence, it should be concise and precision, no ambiguity.
What is the meaning of Pleadings ?
The general meaning of pleadings is to seek or pray for something toward somebody.
According to order 6 rule 1 pleadings means plaint or written statement, it is basically statement of parties to communicate there contention to be adjudicated in trial.
Meaning of Adjudicated
The meaning of Adjudicated is to make a formal decision or judgment about a disputed matter or problem.
याचना का सामान्य अर्थ है किसी के प्रति कुछ माँगना है। अगर कानून मे बात करे तो कोर्ट में वकील या अधिवक्त द्वारा या स्वयं कोर्ट में अपनी बात को लेखनी द्वारा अपनी बातों को प्राथना के रूप में कोर्ट को अपनी बात रखना।
Order 6 Rule 1 Pleadings Civil procedure code
The meaning of pleading stated in order VI Rule 1 that Pleading shall mean plaint or written statement.
The pleading is plaint or an written statement to represent their pleading by both the parties pleader I.e plaintiff and by the defendant.
Plaint or written statement
- The pleading that is presented by plaintiff called as plaint and
- The pleading that is presented by defendant is called as written statement.
The pleading must be in writing as stated in Rule 1 of the Order VI of civil procedure code.
Pleading to state material facts and not evidence Rule 2 Order 6 Cpc,
Order 6 Rule 2(1) pleadings
1) Every pleading shall contain, and contain only, a statement in a concise from of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved.
The above provision is clearly stating that the pleadings shall be drafted in concise, precisely and precision (शुद्धता).
The material fact should be stated in precise form so that the defendant or the opposite party nose what case he has to meet and there is no I’m getting the
- Plead facts in concise form
- Plead material facts
- Plead facts and not Law
- Plead facts and not Evidence
Plead Material facts, pleadings
The general meaning of material facts is the fact or expression on which both the parties relies for his claim or defence.
Virendra nath v. Satpal singh 2007 SC, pleadings
In this case Virendra Nath v. Satpal Singh the Supreme Court held that material facts are those fact upon which a party relies for his claim or defence.
Plead in Concise form, pleadings
The pleadings shall be in Concise and precisely statement, and no any ambiguity, so that the opposite party knows what case he has to meet.
The plead facts not Evidence, pleadings
The pleadings should contain only facta probanda and not facta probantia. Means the pleadings should contain only material facts not the evidence by which those facts are to be proved.
Meaning of facta probanda and facta probantia.
Facta probanda are the facts which are required to be proved, that is material facts, Facta probantia are the facts by means of which they are to be proved.
फ़ैक्टा प्रोबंटिया का मतलब है, वे तथ्य, जिनके माध्यम से उन्हें (फैक्ट) साबित किया जाना है।
Plead facts and not law
The party shall only in their pleadings state facts not the law. It’s for court to apply the law to the facts pleaded.
Order 6 rule 2(2) cpc
- Every pleading shall, when necessary, be divided into
- Paragraphs,
- Numbered consecutively,
- Each allegation being, so far as is convenient,
- Contained in a separate paragraph.
Rule 2(3) Order 6 Civil procedure code
- Dates,
- sums and numbers
- shall be expressed in a pleading in figures as well as in words.
Forms of pleading rule 3 order 6 cpc
The forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings.
Rule 3A order 6 cpc Forms of pleading in Commercial Courts
In a commercial dispute, where forms of pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes of such commercial disputes, pleadings shall be in such forms.
Particulars to be given where necessary rule 4 order 6 CPC, pleadings
- In all cases in which the party pleading relies on any
- misrepresentation,
- fraud,
- breach of trust,
- wilful default, or
- Undue influence,
- And in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.
Condition precedent rule 6 of order 6 CPC, pleadings
Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be.
And, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.
Departure rule 7 of order 6 civil procedure code
No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
Denial of contract rule 8 of order 6 CPC
Where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract alleged.
Or of the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract.
Effect of document to be stated rule 9 order 6 cpc
Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.
Malice, knowledge, etc. Rule 10 order 6 cpc
- Wherever it is material to allege
- malice,
- fraudulent intention,
- knowledge or other condition of the mind of any person,
- it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.
Notice ,pleadings rule 11 order 6 civil procedure code
- Wherever it is material to allege notice to any person of any fact,
- matter or thing,
- it shall be sufficient to allege such notice as a fact,
- unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, are material.
Implied contract, or relation rule 12 order 6 CPC
Whenever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations or circumstances without setting them out in detail.
And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.
Presumptions of law rule 13 order 6 Civil procedure code
Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied.
(e.g., consideration for a bill of exchange where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim).
Pleading to be signed rule 14 order 6 cpc
- Every pleading shall be signed by the party and his pleader (if any).
- Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading,
- it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf.
Rule 14A order 6 cpc Address for service of notice
(1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.
(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition.
Deemed Registered address of the party
- (3) The address furnished in the statement made under sub-rule (1) shall be called the “registered address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit .
- Or in any appeal from any decree or
- Order therein made and for the purpose of execution,
- And shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause or matter.
4) Service of any process may be effected upon a party at his registered address in all respects as though such party resided thereat.
Incomplete false or fictitious registered address of a party
(5) Where the registered address of a party is discovered by the Court to be incomplete. false or fictitious, the Court may, either on its own motion, or on the application of any party, order-
- (a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or
- (b) in the case where such registered address was furnished by a defendant, his defence be struck out and he be placed in the same position as if he had not put up any defence.
Suit stayed out under sub-rule (5)
(6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be, the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of stay or, as the case may be, the order striking out the defence.
Court set aside the order of stay Incomplete false registered address of a party
(7) The Court, if satisfied that the party was prevented by any sufficient cause from filing the true address at the proper time.
Shall set aside the order of stay or order striking out the defence, on such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.
(8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address, if, for any reason, it thinks fit to do so.
Verification of pleadings Rule 15 Order 6 civil procedure code
Pleading shall be verified at the foot by the party
- 1) Save as otherwise provided by any law for the time being in force,
- every pleading shall be verified at the foot by the party or by one of the parties pleading
- Or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
Verifying shall specify, by reference to the numbered paragraphs
- 2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading,
- what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
The Verification shall be signed ,furnish an affidavit
- 3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
- 4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.
Rule 15A order 6 cpc Verification of pleadings in a commercial dispute
Verified by an affidavit
(1) Notwithstanding anything contained in Rule 15, every pleading in a commercial dispute shall be verified by an affidavit in the manner and form prescribed in the Appendix to this Schedule.
Affidavit shall be signed by the party
(2) An affidavit under sub-rule (1) above shall be signed by the party or by one of the parties to the proceedings, or by any other person on behalf of such party .
Or parties who is proved to the satisfaction of the Court to be acquainted with the facts of the case and who is duly authorised by such party or parties.
Amendments must be verified
(3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in sub-rule (1) unless the Court orders otherwise.
Pleading is not verified by affidavit, Court may strike out a pleading which is not verified
(4) Where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be permitted to rely on such pleading as evidence or any of the matters set out therein.
(5) The Court may strike out a pleading which is not verified by a Statement of Truth, namely, the affidavit set out in the Appendix to this Schedule.
Striking out of pleadings order 6 rule 16 of civil procedure code
The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-
- (a) which may be unnecessary, scandalous, frivolous or vexatious, of
- (b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or
- (c) which is otherwise an abuse of the process of the Court.
Sathi vijay kumar v. Tota singh 2006, striking out pleadings
In sathi vijay kumar v. Tota singh the Supreme Court held that the power of strike out pleadings in extraordinary in nature and must be exercised by the Court sparingly and with extreme care, caution and circumspection.
- Sparingly किफ़ायत से
- circumspection सावधानता, एहतियात
- extraordinary असाधारण, rare
Amendment of pleadings, Rule 17 order 6 cpc
The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just.
And all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
Failure to amend after Order order 6 rule 18 cpc
If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or.
If no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the Court.