In Indian civil litigation, pleadings are formal written statements submitted by parties outlining their claims and defenses. Order VI of the Code of Civil Procedure, 1908 (CPC), governs the principles and procedures related to pleadings, ensuring clarity, precision, and efficiency in the judicial process. This section delves into the fundamental rules of pleadings under Order VI CPC, elucidating essential aspects for law students.

1. DEFINITION AND SCOPE OF PLEADINGS

Order VI Rule 1 of the CPC defines “pleading” as a plaint or a written statement. A plaint is the document filed by the plaintiff detailing the facts constituting the cause of action, while a written statement is the defendant’s response, addressing each allegation made in the plaint. These documents form the foundation of the parties’ respective cases.

2. FUNDAMENTAL RULES OF PLEADINGS

The fundamental rules governing pleadings are encapsulated in Order VI Rule 2 of the CPC. These rules mandate that every pleading must contain:

• Material Facts Only: Pleadings should state only the material facts on which the party relies for their claim or defense, avoiding the inclusion of evidence or legal arguments. This principle was emphasized in the case of Kedar Lal v. Hari Lal, AIR 1952 SC 47, where the Supreme Court held that parties must state the facts upon which they base their claims, and it is for the court to apply the law to those facts.

• Conciseness: Pleadings must be concise, avoiding unnecessary details. The objective is to present the essential facts clearly and succinctly, facilitating the court’s understanding of the issues at hand.

• No Evidence: The inclusion of evidence in pleadings is prohibited. Parties should refrain from detailing the evidence by which the material facts are to be proved, as pleadings are meant to outline the case’s framework, not to present the proof.

3. SPECIFICITY IN ALLEGATIONS

Order VI Rule 4 requires that in cases involving misrepresentation, fraud, breach of trust, willful default, or undue influence, the particulars must be stated explicitly in the pleadings. General allegations without detailed particulars are insufficient. In Bishundeo Narain v. Seogeni Rai, AIR 1951 SC 280, the Supreme Court held that allegations of fraud must be specific and supported by necessary particulars.

4. CONSISTENCY IN PLEADINGS

As per Order VI Rule 7, 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. This rule ensures that parties remain consistent in their statements, preventing any surprises during the trial.

5. SIGNING AND VERIFICATION OF PLEADINGS

Order VI Rule 14 mandates that every pleading be signed by the party and their pleader (if any). If the party is unable to sign, a person duly authorized by them can sign. Further, Order VI Rule 15 requires that pleadings be verified at the foot by the party or by one acquainted with the facts of the case. The verification must state the person’s belief in the truth of the facts stated, ensuring accountability and authenticity.

6. AMENDMENT OF PLEADINGS

Order VI Rule 17 provides that the court may allow either party to alter or amend their pleadings at any stage of the proceedings, on such terms as may be just, to determine the real questions in controversy. However, the proviso states that no application for amendment shall be allowed after the trial has commenced unless the court concludes that the party could not have raised the matter before the commencement of the trial despite due diligence. In Revajeetu Builders & Developers v. Narayanaswamy & Sons, (2009) 10 SCC 84, the Supreme Court laid down factors to consider while deciding on an amendment application, emphasizing that the amendment should not cause injustice to the other side.

7. STRIKING OUT PLEADINGS

Under Order VI Rule 16, the court may, at any stage, order to be struck out or amended any matter in any pleading that:

• Is unnecessary, scandalous, frivolous, or vexatious;
• May tend to prejudice, embarrass, or delay the fair trial of the suit; or
• Is otherwise an abuse of the process of the court.

This provision empowers the court to ensure that pleadings remain relevant and focused on the real issues, maintaining the integrity of the judicial process.

8. DEPARTURE IN PLEADINGS

Order VI Rule 7 prohibits any pleading from raising new grounds of claim or containing allegations inconsistent with the previous pleadings, except by way of amendment. This rule ensures consistency and prevents parties from shifting their positions during the litigation process.

9. EFFECT OF DOCUMENTS TO BE STATED

According to Order VI Rule 9, when the contents of any document are material, it is sufficient to state the effect thereof as briefly as possible without setting out the whole or any part of the document, unless the precise words are material. This rule promotes brevity and relevance in pleadings.

10. DISTINCTION BETWEEN MATERIAL FACTS AND PARTICULARS

It’s crucial to distinguish between ‘material facts’ and ‘particulars.’ Material facts are the essential facts constituting the right to sue or defend, whereas particulars are the details that clarify and support those material facts. While material facts must be stated in pleadings, particulars are provided to ensure the opposite party is not taken by surprise. In Udhav Singh v. Madhav Rao Scindia, (1977) 1 SCC 511, the Supreme Court emphasized that omission of a single material fact leads to an incomplete cause of action and the statement of claim becomes bad.