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9/14/18

Notes on pleading in cpc and its essential, objects, rules and amendment etc.

Pleading Order- 6


           Order 6 deals with pleadings in general. The pleading is the beginning stage of a suit in which parties formally submit their claims and defenses.  Rule 1 defines pleading, while rule2 lays down the fundamental principles of pleadings. Rules 3 to 13 require the parties to supply necessary particulars. Rules 14 and 15 provide for singing and verification f pleadings. Rule 16 empowers a court to strike out unnecessary pleadings, rules 17 and 18 contain provisions relating to the amendment of pleadings.




Introduction:-

                              Pleading is the beginning stage of the suit in which parties formally submit their claims and defenses. In this, a plaintiff submits a complaint stating the cause of action, the issue or issues in controversy. The defendant submits an answer stating his or her defenses and denials. The defendant may also submit a counterclaim stating a cause of action against the plaintiff. Pleadings serve an important function of providing notice to the defendant that a lawsuit has been instituted against him. It also provides notice to the plaintiff of the defendant’s intentions in regards to the suit.


Definition; pleading; rule 1:-

                                                  "Pleading" is defined as a plaint or written statement. 

According to the definition, we can say that a pleading is as follows:-

     The act of a person who pleads.
     The advocating of a  cause in a court of law
     The art or science of setting forth or drawing pleas in legal causes.
    A formal statement usually written, setting forth the cause of action or defense of a case.
          Pleadings, the successive statements delivered alternately by plaintiff and defendant until the issue is joined.

Object:-

                    The whole object of pleadings is to bring parties to definite issue and to diminish expense and delay and to prevent surprise at the hearing. Further that the parties themselves know what are the matters in dispute and what facts they have to prove at the trial. 
   
     In fact, the whole meaning of the system is to narrow the parties to definite issues, and thereby to diminish expense and delay, especially as regards the amount of testimony required on either side at the hearing. 

Basic rules of pleadings rule 2:-


   As per the sub-rule(1) of rule 2.  And on analysis, of the lays down fundamental principles of pleadings, the following general principles emerge:-

1.     Pleadings should state facts and not law;
2.     The facts stated should be material facts;
3.     Pleading should not state the evidence; and
4.     The facts should be stated in a concise form.

Signing and verification of pleadings rules 14-15:
                                                                                         As a general rule, every pleading must be signed by the party or by one of the parties or by his pleader. But if the party is unable to sign the pleading, it can be signed by any person authorized by him. (rule -14). Similarly, every pleading must be verified by the party or by one of the parties pleading or by some other person acquainted with the facts to the case.

Amendment of pleadings rules 17-18 :
                                                                     As already stated, material facts and necessary particulars must be stated in the pleading and the decision cannot be based on the grounds outside of the pleadings. But any time the party may find it necessary to amend his pleadings before or during the trial of the case. So there are some conditions of amendment of pleadings which are as follows:-
  • 1.     That the amendment is necessary for the resolution of disputes between the parties.
  • 2.     That there exist to possibility from the amendment to be harmful to any one of the parties.
  • 3.     That the time, which is needed for the amendment would not cause damage to any legal right of the defendant.
  • 4.     That the amendment does not in any way lead to any new proceeding.
  • 5.     That there must exist bona fide belief on the part of the person who comes for the amendment.


                  Things for which amendment in pleadings is not allowed:
 1.     Where their amendment changes the nature of the suit and introduces a totally different, new and inconsistent case or changes the fundamental character of the suit or defence.
2.     Where new relief is added or asked.
3.     Where the new cause of action is arisen by the new application.
4.     Where the effect of the proposed amendment is to take away from the other side a legal right accrued in his favour.
5.     Where the application for amendment is not made in good faith.


Illustration:-
                            A being threatened to be dispossessed from his inherited property by B filed a suit against B claiming in his pliant declaratory decree and permanent injunction relating to such property. Afterward, during the continuation of the suit, A lost the right of possession by B. and then, he wanted to add that matter in the plaint and the court granted it. This is considered as the amendment of the plaint. Likewise, the written statement can also be amended.
                          
  
                                                                                              Thanks for reading 
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