CIVIL

Pleadings under CPC

Pleadings

The provisions of the Code of Civil Procedure, with regard to the pleadings (which term includes the plaint and written statements of parties) should be carefully studied. The principal rules of pleadings may be briefly stated as follows:

(a) The whole case must be stated in the pleadings, that is to say all material facts must be stated (Order VI, Rule 2).

(b) Only material facts are to be stated. The evidence by which they are to be proved is not to be stated (Order VI, Rules 2, 10, 11 and 12).

(c) The facts are to be stated concisely.

(d) It is not necessary to allege the performance of any condition precedent; and averment of performance is implied in every pleading but a non-performance of condition precedent, if relied on, must be distinctly stated (Order VI, Rule 6).

(e) It is not necessary to set out the whole or any part of a document unless the precise words thereof are necessary. It is sufficient to state the effect of the document as briefly as possible (Order VI, Rule 9).

(f) It is not necessary to allege a matter of fact which the law presumes, or as to which the burden of proof lies on the other side (Order VI, Rule 13).

(g) When misrepresentation fraud, undue influence, etc., are pleaded, necessary particulars must always be given (Order VI, Rule 4).

(h) When a suit is prima facie time-barred, the ground on which exemption is claimed must be stated (Order VII, Rule 6).

If the plaint is prolix (lengthy) or omits to give the necessary particulars or to specify the relief claimed precisely or is defective in any other respect, it should be returned to the party or his counsel for such amendment as may be necessary in the actual presence of the presiding officer after he has signed the endorsement. The Court has wide powers in this respect (Order VI, Rules 16 and 17). Where amendment is directed, an order should be recorded by the Judge indicating the particulars about the necessary amendment and fixing a date for filing the amended plaint.


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