PLEADING

Pleadings are statements in writing of each party containing contentions of each party and detail of his
case . Pleadijnd is defined in order 6 of the code of civil procedure as plaint or written statement.

OBJECT OF PLEADING: The object of pleading is to bring the parties to an issue and purpose of the rules
relating to pleading is to prevent the issue beig enlarged. Further that the parties themselves know what
are the matters in dispute and what facts they have to prove at the trial.

WHAT SHOULD A PLEADING CONTAIN: very pleading shall contain and contain only, a statement in a
concise form of the material facts, n which the party pleading ( plaintiff or defendant) relies for his claim
or defence, as the case may be.
IT shall not contain, the evidence by which they are to be proved, and it shall, when necessary, be
divided into paragraphs, numbered consecutively.
Dates, sums and numbers shall be expressed in figures.
General rules of pleading:
In civil procedure code order 6 deals with pleadings in general, order 7 deals with plaint, and order 8
deals with the written statement. The following is the summary of the rules comprised in orders 6,7, and
8 of civil procedure code:

1. In pleading state your whole case, in other words set forth in pleading all material facts on which you
rely for your claim or defence , as the case may be.

2. In pleading state facts and not the law, if any matter of law is set out inj your opponent's pleading, do
not plead to it.

3. In pleading state only the relevents facts on which you rely, and not the evidence by which tose facts
are to be proved.

4. In pleading state material facts onlyand ommit immaterial and unnecessary facts, and do not plead to
any matter which is not against you.

5.In pleading, state the facts of the case concisely, but with precision.

6. It is not necessary to setout the whole or any part of the document, unless the precise words thereof
necessary, it is sufficient to state the effects of document as briefly as possible.

7. It is not necessary to allege any matter of fact which the law presumes in your favour or as to which
the burden of proof lies upo your opponent party.

8. The party should not plead conclusion of law in pleading.

9. Legal pleas such as estoppel, limitation and resjudicata or res subjudice etc, may be pleaded in written
statement.

10. In cases where the party pleading relies on any mis representation, fraud, breach of trust,wilful
default, or undue influence , particulars shall be stated in the pleading.
Pleadings are very important in civil cases. It is the duty of the lawyer to make a
properpleading. Since a considerable percentage of litigants are either illiterate or not
conversant withlaw the duty of the lawyer of becomes more relevant facts of the case
from the client. The lawyerhas to even to anticipate probable evidence that may be let
in. All the details should becomprehended, analysed and assimilated before drafting the
pleadings. A good case maysometimes be lost because of bad drafting.Pleading are
intended to put forth the case of the parties before court. Pleadings constitutethe basis
for the litigation. By the pleadings, the point at issue between the parties should be
clearand ambiguous. The opposite party is made known of the case of the other party
by thepleadings. While drafting the pleadings there should be no attempt to
concealment of the relevantfacts. Astuteness in drafting is necessary. But it should not
go to the extent of putting theopposite party to surprise. From the pleadings, either party
should be able to know what his
opponents
case is and what case he has to meet. The parties should get a fair idea from
thepleadings as to what disputes involved in the case effectually and completely. Proper
pleadingswould enable the court to raise proper issue for trial. It would enable the
parties to adduce properevidence. It would enable the court to decide the case
effectually and completely. Properpleadings would also avoid delay and minimise the
expenditure of litigation. It is the duty of thelawyer to ensure that correct facts are
brought before the court. He should ensure that wrongfacrts, calculated to mislead the
court are not pleaded. Judicial Pronouncements are effect to theeffect that without
proper pleadings, any amount of evidence is of no use and that such evidenceshall not
be looked into by the court. (AIR 1930 PC 57, AIR 1966 SC 1861, `1984 KLT 606,AIR
1958 SC255, AIR 1996 SC 112, AIR 1987 SC 1242)The Rules regarding pleading are
provided in the Code of Civil Procedure Code. Certainother statues also provide for
particular facts to be pleaded. For example, Specific Relief Act,section 16(c) and 22.
Certain defence would be available to a defendant, in the light of theprovisions of a
statute. Such defence should not be omitted to be taken. The client would be ableto
supply only facts. It is the duty of the lawyer to put forth the relevant facts in the
pleadings so
as to make a foundation for a claim of defence, taken into account the relevant provision of
law.The role of the lawyer is very important in that context.
Pleading is defined in Order VI Rule 1 CPC thus : Pleading shall mean plaint or
writtenstatement.
Every suit shall be instituted by the presentation of a plaint of in such other manner asmay be
prescribed. (Section 26 Order IV Rule 1 and Order VII Rule 1 of CPC). Before draftingthe
plaint, it should be ascertained as to who may be joined as plaintiffs and who may be joinedas
defendants. (See Rules 1 and 3 of Order 1 CPC) It shall not be necessary that every
defendantshall be interested as to all the relied claimed in any suit against him. (Rule 5 of Order
I). Theplaintiff may at his option join as parties to the same suit all or any of the persons
severally or jointly liable on any one contract. (Rule 6 of Order 1 CPC). Where the plaintiff is in
doubt as tothe person from whom he is entitled to obtain redress he may join two or more
defendants so thatthe question to which of the defendants is liable would be determined by the
court as between allparties. (see Rule 7 of Order II)Where there are numerous persons having the
same interest in one suit, Rule 8 of Order Iprovides for the remedy of a representative suit being
filed. The representative suit can be onbehalf of the plaintiff or against defendant. Rule 8 of
Order I provides for the procedure in suchsuit. There are restrictions for abandoning,
withdrawing or compromising such suits. A decreepassed in a representative suit binds all
persons on whose behalf or for whose benefit the suit isinstituted or defended. (see Explanation
VI to Section 11 CPC).Rule 1 of Order II provides that very suit shall as far as practical be
framed so as toafford ground for final decision upon the subjects in dispute and to prevent further
litigation,Rule 2 of Order II has give rise to several judicial pronouncement. Rule 2 provides that
everysuit shall include the whole of the claim which is entitled to make in respect of the cause
of action. However, the plaintiff is free to relinquish any portion of claim; but if he so
relinquishesor omits to sue on any portion of such claim, he shall not be entitled to file another
suit in respectof that portion which omitted or relinquished. Special care should be taken to see
that all theclaims to which the plaintiff is entitled to in respect of the cause of action are sought
for in theplaint.
Rule 3 of Order II CPC provides for joinder of cause of action in the same suit. Rule 4 of Order II
stipulated what all causes of action casn be joined with a suit for recovery of immovableproperty.Order
VI CPC provides for the pleadings generally. Order VII deals with the plaint.Order VIII deals with written
statement, set off and counter claim.Every pleading shall contain, and contain only, a stamen in a
concise form of the materialfacts on which the party pleading relies for his claim or defence, nut not the
evidence by whichthey are to be proved. The pleading shall be divided into paragraphs and
numberedconsecutively. Dates, sums and numbers shall be shown in figures as well as in words. (Order
VIRule 2). If the party relies on any misinterpretation, fraud or breach of trust, willful default orundue
influence, the facts constituting the same should be specifically pleaded. (Order VI Rule$). The burden of
proof of misinterpretation, frauds and undue influence is on the party whoalleges the same. ( See AIR
1976 SC 712; AIR 1941 PC 93; AIR 1950 PC 90; AIR 1967 SC1395; 1989 (2) KLT 348; AIR 1975 KER 150;
1986 KLT S.N.38; 1988 (2) KLJ 156; 1997 (1)KLT 656; 20120 (4) KHC 927; 2010 (4) KLT 684)Any condition
precedent, the performance of occurrence of which is intended to becontested, shall be distinctly be
specified in the pleadings. (Rule 6 Order VI). No pleading shallexcept by way of amendment raise any
new ground of claim or contain any allegation of factinconsistent with the previous ruling of the party
pleading the same (Rule 7 Order VI). Theprovision for amendment of pleadings is contained in Rule 17 of
Order VI. It is tue that the courtmay allow amendment of pleadings at any stage. But after the
amendment of CPC by ACT 22 of 2002, the scope of Rule 17 is restricted. See the distinction between
Order VI Rule 17 of CPCand the provisions to section 22(2) of the Specific Relief Act: 2011(2) KLT
381.Pleading should not be scandalous, frivolous or vexatious. It should not contain matterswhich would
tend to prejudice, embarrass or delay the fair trial of the suit of which is other wisean abuse of the
process of the court. The court has jurisdiction to strike out such pleadings orportion of the same or to
direct the parties to amend the pleadings (Rule 16 Order VI)

The defendant shall within thirty days from the date of service of summons on him,present a written
statement of his defence. The court has power to extend the time upto 90 daysfrom the date of service
of summons, under the proviso to Rule 1 of Order VIII. Rule 1 of OrderVIII was substituted by the CPC
Amendment Act 49 of 1999 and further substituted by CPCAmendment Act 22 of 2002. The Supreme
Court held in 2008 (17) SCC 117 that the provision isprocedural and it does not affect the power of the
court to take the written statement on recordafter 90 days. The defendant shall produce along with the
written statement, the documents onwhich he relies. (Rule 1A of Order VIII.

The lawyers should also see that the suit is filed within the period of limitation. If there isan
acknowledgment of liability coming within the meaning of section 18 of limitation act orpayment within
the meaning of section 19 of limitation act, it should be specifically pleaded. Thelawyer shall also keep in
mind the provisions of the limitation act while preparing and presentingthe pleadings. All the relevant
statutes on the subject should be comprehended and applied whiledrafting the pleadings.

Drafting of pleadings is an art. Intense study of Code of Civil Procedure and other lawsrelevant for the
subject of the case is required to acquire the skill