What are the fundamental rules of pleading in India? The CPC 1908 defines pleading as the plaint and the written statement. Read this to know more.
Fundamental Rules of Pleading
Order VI of the Code of Civil Procedure, 1908 (hereinafter CPC) provides some fundamental rules of pleading. Rule one therein states that pleading means the plaint and the written statement.
The plaint is the document filed by the Plaintiff containing his version of material facts and cause of action against the defendant.
The written statement is filed by the defendant as a reply to each and every paragraph of the Plaint either to counter or admit all averments contained therein.
Given below are some of the fundamental rules of pleading for both the plaint and written statement-
Pleadings should state only the Material Facts
Pleading should contain only the material facts on which the parties rely to prove their cases.
It should not contain any evidence or law. It is presumed that the judge already knows the law and she can appreciate the evidence accordingly once the trial begins. Parties only need to state the material facts and nothing else.
What are Material Facts?
Material facts are those facts on the basis of which the parties want to get relief. Generally, they are decided by the lawyer who drafts the pleadings. She decides on basis of the material facts after listening to her client.
Particulars of fraud, misrepresentation, undue influence, cheating, defamation, breach of trust, wilful default, undue influence, etc are material facts.
Paragraphs should be Numbered
It is advisable to divide the pleading into numbered paragraphs wherein each allegation being, so far as is convenient, contained in a separate paragraph.
Do not anticipate your opponent’s pleadings and plead to any matter that is not alleged against you.
Why no Evidence in Pleadings?
It is because pleadings are submitted before the trial begins. Evidence is required to prove the allegations after the framing of issues.
Once the parties have submitted their pleadings, it is the duty of the concerned court to frame issues and ask parties to lead evidence to prove those issues.
Also, adding evidence to the pleadings will make the pleadings voluminous.
Pleadings should be Concise and Definite
One of the fundamental rules of pleading is that it should be concise, precise, certain, clear, definite, and specific. They should not be vague and abstract.
For this matter, one should avoid pronouns and instead use the Plaintiff or the Defendant as the case may be.
Parties can take alternate pleas meaning thereby that they are entitled to rely on two or more sets of facts.
Parties are not permitted to give or lead evidence for a new case inconsistent with pleadings.
Pleading should not Contain any Law
This is one of the fundamental rules of pleading. Pleadings should state only material facts and not any law which they think might be applicable in the case. In other words, no provisions of the law should be stated in the pleadings. Why?
Because it is the function of the judge concerned to apply the law. Parties are not to infer the law in their dispute.
For instance, it is not proper for a party to state that A made a gift of property to B. She should rather state those material facts as to how A gifted away his property to B and how and in what manner that gift was accepted by B. And when B accepted whether or not A delivered the possession of his property to B.
Illustrations
That on August 6, 2020, a function took place in A’s house wherein A stated that she is very happy with B’s services and therefore with her sweet will declared that after her death her entire property shall devolve on B.
A said that “that today I have given possession of all my movable and immovable properties to B. And that B accepted the gift by stating that she accepts the gift by his sweet will.
On the basis of these facts, the court will ask parties to lead evidence.
Similarly, in a suit for damages for negligence on part of the defendant, it is not sufficient for the plaintiff to allege that the defendant was negligent.
It is the inference of law that can be undertaken only by the judge. Plaintiff my making such inferences encroaches upon the power of the Judge.
Further, in a suit for defamation, it is not sufficient on part of the plaintiff to state that she is entitled to damages of 5 lac because the defendant has defamed her.
She has to set out material facts as to how and in what manner the defendant defamed her. For instance, she may say-
That the defendant wrote a letter and gave it to the local correspondent of News24 Sanjeev Kumar who subsequently published it. The contents of the publication are false and defamatory and lower the reputation of the plaintiff.
The court will later decide whether defamation occurred.
Exceptions
There are some cases in which one can mention the law in their pleadings
Foreign laws
Where foreign law is applicable in a civil case, it can be stated in the pleadings. For instance, if the plaintiff is a resident of India and the Defendant is an American.
The defendant can state the US law in his pleading like a material fact. He can place reliance on relevant provision laws.
Mentioning of foreign law in pleadings is allowed because Indian courts do not take judicial notice of foreign laws.
Mixed Questions of Fact and Law
In a suit for recovery, Defendant may say that he does not owe any money to the plaintiff. Alternatively, he may say the suit is hit by the law of limitation. The latter is a question of law.
Where the case involves the performance of condition precedent which was agreed by parties and is legal under the law, the relevant law can be pleaded to substantiate the facts.
Where a party contests the non-performance of any condition precedent
For instance, section 80 of the CPC provides that no civil suit can be initiated against the government unless and until 60-day notice has been given to the concerned government authority.
And if the plaintiff did not serve any legal notice to govt and directly filed a case, the opposite side may contest by claiming non-adherence to the relevant law of notice.
Custom and Usage
If a party wants to rely on any custom and usage in a case involving such custom or usage followed in the ordinary course of business, in such a situation, such custom or usage may be pleaded.
However, where such custom or usage has acquired the force of law, then it is not required to be pleaded as the court is entitled to take judicial notice of it on its own.
Pleading to be Signed by Parties and their Advocates
Rule 14 of Order VI, CPC, provides that every pleading shall be signed by the concerned party and his pleader if any. In the case of the plaint, it has to be signed by the plaintiff and in the case of a written statement, it will be signed by the defendant.
Where the parties are unable to sign it for some good reason, they can authorize some person to sign the pleading on their behalf.
Verification of Pleadings
Rule 16 of Order VI, CPC talks about the verification of pleadings. It provides that every pleading should be verified by the party or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
If any other person verifies the pleading, he has to specifically mention what material facts contained in the pleading he verifies on his own knowledge and what material facts he verifies on the basis of information received and believed to be true.
The verification is should be signed by the person making it and should also state the date on which and the place at which it was signed.
Can Pleadings be Amended?
Yes, as per rule 17 of order VI, CPC, the concerned court may at any stage of the proceedings allow either of the parties to alter or amend their pleadings in such manner and on such terms as may be just provided such amendments are necessary for the purpose of determining the real questions in controversy between the parties.
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