Pleadings

Pleadings refer to formal written statements filed by parties which frame the issues needing trial and adjudication. Plaint and written statement are the main pleadings. Order VI deals with pleadings generally. Order VII deals with plaint. Order VIII deals with written statement. Replication by plaintiff to written statement is allowed only with court’s leave. Pleadings help crystallize disputed questions between parties requiring determination.

Object of Pleadings

• To ascertain real issues between parties requiring trial
• To ascertain essential facts in detail to base relief
• To ensure parties understand case of their opponent
• To assist court in appreciation of facts and legal points
• To act as permanent record of case for parties

General Rules of Pleading

• Pleadings must state material facts, not law or evidence (O.6 R.2)
• They must be brief and concise (O.6 R.2)
• Must be divided into paragraphs, numbered consecutively (O.6 R.3)
• Dates, sums, numbers to be expressed in figures (O.6 R.4)
• Each allegation be specific, not vague or general (O.6 R.6)
• Party may depart from previous pleading with permission (O.6 R.7)
• Denials must be specific, vague denial won’t be sufficient (O.8 R.5)

Amendment of Pleadings

Amendment of pleadings refers to changes made in the original pleadings of parties. As per Order VI Rule 17, the court has powers at any stage to allow amendment of pleadings on such terms as are just. This enables clarification of issues, correction of errors and filling gaps to avoid multiplicity of proceedings. Courts allow amendments to determine real questions in controversy rather than deciding on technical grounds. However, amendment relating to a new cause of action cannot be permitted after expiry of limitation to circumvent the law. Where amendment changes nature of suit or case entirely, it will not be allowed. Amendment cannot be allowed if it defeats law of limitation. Further, no amendment is permitted once final judgment is pronounced. Subject to these conditions, amendments are liberally allowed in interests of justice.