CONCEPT OF LAW SUIT

INTRODUCTION
Lawsuit is a civil action brought in a court over a contract dispute, a residential eviction after
a broken lease, injuries sustained in a car accident, or countless other harms or disputes. Civil
lawsuits arise out of disputes between people, businesses, or other entities, including
government entities. The conduct of a lawsuit is called litigation.
The fundamental part of a law suit is the Pleading. Pleadings are foundation of the claims of
parties. Pleading is a formal written statement of a party's claims or defences to another
party's claims in a civil action. The parties' pleadings in a case define the issues to be
adjudicated in the action. Pleading is defined in the Code of Civil Procedure as meaning a
plaint or written statement. (O. VI, R. 1).

OBJECTS OF PLEADING
It is well settled position of law that the whole object of pleading is to narrow the parties to
definite issues and thereby to reduce expense and delay, especially as regards the amount of
testimony required on either side at the hearing. The object of pleadings is generally to see
where the parties differ, so that each side may be fully alive to the questions in issue in order
to be able to bring forward appropriate evidence. It gives fair notice to each party of what the
opponent's case is, and to ascertain, with precision, the points on which the parties agree and
those on which they differ, and thus to bring the parties to a definite issue. The purpose of
pleading is also to eradicate irrelevancy. The main object of pleadings is to find out and
narrow down the controversy between the parties and to prevent one party from taking the
other by surprise at the time of hearing. Contention which are not based on the pleadings
cannot be permitted to be raised either at the time of arguments or at the appellate stage.1
ESSENTIAL INGREDIENTS OF PLEADINGS:
Order VI Rule 2 of CPC provides the ingredients of pleadings. It states that the pleadings
should be confined to facts only in the concise manner and not the law but in aiming at
1 The New India Assurance Co. Ltd. vs. Surender Singh & others. (HC) UAD 2007, 423.
1 | Page

conciseness, precision should not be sacrificed. It must state only the material facts on which
the party pleading relies for his claim or defence, and not the evidence by which they are to
be proved. The pleadings, when necessary, shall be divided into paragraphs, numbered
consecutively and each allegation being, so far as is convenient, contained in a separate
paragraph. Dates, sums and figures shall be expressed in figures. The names of parties should
be consecutive members and a separate line should be allotted to the name and description of
each person. The Pleading or petition shall be written legibly and Bengali dates should be
followed by corresponding English dates and also the pleading shall be signed by the person
writing or typing stating the capacity in which he writes or types and if he is the registered
clerk of an advocate, his registered number.
TYPES OF PLEADING IN A SUIT
There are two types of pleading in a Suit: 1. Plaint.
2. Written statement.
Plaint: Plaint is a statement of plaintiffs claim. Through plaint, plaintiff describes his cause of action
and other necessary particulars to seek remedy from court for redressed of his grievances.
The expression plaint has not been defined in the Code. However, it can be said to be a
statement of claim, a document, or a memorial by the presentation of which a suit is
instituted. It contains the ground on which the assistance of a court is sought by the plaintiff.
It is the pleading of the plaintiff. Order VII Rule 1 says that plaint shall contain the
following particulars:
1. The name of the court in which the suit is brought.
2. The name, description and place of residence of the plaintiff.
3. The name, description and place of residence of the defendant, so far as they can be
ascertained.
4. Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to
that effect

2 | Page

5. The fact constituting the cause of action and when it arose.

6. The fact showing that the court has jurisdiction;
7. The relief which the plaintiff claim;
8. Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount
so allowed or so relinquished: and
9. A statement of the value of the subject matter of the suit for the purposes of jurisdiction
and of court fees, so far as the case admits.
Written Statement:
A 'defence' called the written statement, in general this is a reply of plaint, in which defendant
deny or admit the each and every allegation or facts given in the plaint. Denial or admission
must be Para wise and clear. In the written statement defendant can put his case also under
the heading additional plea, and can states new facts or ground which is necessary to defeat
the opponent. If defendant want to put his own claim against the plaintiff, he can put it by
way of set- off and counter claim under O VIII Rule 6 and 6A of C.P.C. The facts which
remain unanswered by the defendant, it will be presumed that the said fact was admitted by
the defendant. In general, the fact which is taken to be admitted need not be proved.
FORMS OF PLEADING:
Rule 3 of Order VI of CPC provides the forms of pleading. The forms in Appendix A when
applicable, and where, they are not applicable, and where they are not applicable forms of
the like character, as nearly as may be, shall be used for all pleadings.

FUNDAMENTAL RULES OF PLEADING: No amount of evidence can be looked into, upon a plea which was never put forward in the
pleading. A question which did arise from the pleadings and which was not the subject matter
of an issue, cannot be decided by the court.

3 | Page

In the case of Siddik Mohammed Shah v. Mt. Saran and others 2 and Trojan & Co., v.
Nagappa3 it was held that no amount of evidence can be looked into to find a case for which
there has been absolutely no foundation in the pleadings. In the case of Bhagwadi Prasad v.
Chandramaul4, the same principle was reiterated by the Apex Court. A court cannot make out
a case not pleaded, the court should confine its decision to the question raised in pleading nor
can it grant a relief which is not claimed and which does not flow from the facts and the
cause of action alleged in the plaint. Also it is a well settled principle that a factual issue
cannot be raised as considered for the first time in a second appeal. 5 Allegations in
anticipation of the opponents answer should not be made. The pleading should be confined
to what is material at the present stage of the suit. The necessary facts for the enforcement of
a legal right or duty must be mentioned in the pleading. Thus, in a suit for breach of contract
on account of the negligence of the defendant, it has to be stated specifically what kind of
duty the defendant owed to the plaintiff and how was he negligent. The Performance of a
condition precedent being implied in every pleading it need not be alleged; the opposite party
must specify distinctly the conditions, the performance or occurrence of which he intends to
contest. The Facts which the law presumes in ones favour or as to which the burden of proof
lies upon the opponent need not be pleaded. The party should not plead conclusions of law
and the Legal pleas such as estoppel, limitation and res judicata may be pleaded. In case
where the party pleading relies on any fraud, misrepresentation, breach of trust, wilful default
or undue influence, particulars shall be stated in the plaint.
As per the O. VI, R. 15(4) the person verifying the pleading shall also furnish an affidavit in
support of his pleadings.
IMPORTANCE OF PLEADINGS IN A SUIT: -

2 AIR 1930 P.C. 57

3 AIR 1953 SC 235
4 AIR 1966 SC 735
5 Bachhaj Nahar vs. Nilima Mandal and others, 2009 (1) SCCD 220 SC
4 | Page

The importance of the pleading cannot be underestimated. Jacob

states, Pleading do not

only define the issues between the parties for the final decision of the court at the trial, they
manifest and expert their importance throughout the whole process of the litigation The
Supreme Court in Gajanan Krishnaji Bapat & Anr. v. Dattaji Raghobaji Meghe & Ors 7;
emphasized the importance of pleadings in civil proceedings. The Court held that the court
cannot consider any fact which is outside or beyond the pleadings of the parties. The parties
have to take proper pleadings and establish by presenting evidence that by a particular
irregularity/illegality the result of the election has been materially affected.
Pleadings and particulars are required to enable the court to decide the rights of the parties in
the trial. Thus, the pleadings are more to help the court in narrowing the controversy involved
and to inform the parties concerned to the question in issue, so that the parties may adduce
appropriate evidence on the said issue. It is settled legal proposition that as a rule relief not
founded on the pleadings should not be granted.; Therefore, a decision of a case cannot be
based on grounds outside the pleadings of the parties. The pleadings and issues are to
ascertain the real dispute between the parties to narrow the area of conflict and to see just
where the two sides differ.8 The Apex Court in Ram Sarup Gupta (dead) by L.Rs. v. Bishun
Narain Inter College & Ors. held that in the absence of pleading, evidence, if any, produced
by the parties cannot be considered. It is also equally settled that no party should be permitted
to travel beyond its pleading and that all necessary and material facts should be pleaded by
the party in support of the case set up by it. The object and purpose of pleading is to enable
the adversary party to know the case it has to meet. in such a case it is the duty of the court to
ascertain the substance of the pleadings to determine the question.
Therefore, in view of the above, it is evident that the court cannot travel beyond the pleadings
and the issue cannot be framed unless there are pleadings to raise the controversy on a
particular fact or law. It is, therefore, not permissible for the court to allow the party to lead
evidence which is not in the line of the pleadings. Even if the evidence is led that is just to be
ignored as the same cannot be taken into consideration.
CONCLUSION: 6 The Present importance of pleading (1960) at pp 75-76, Bullen, Leake and Jacob, Precedent and
Pleading, Moghas law of Pleading
7 AIR 1995 SC 2284
8 State of Maharashtra v. Hindustan Construction Company Ltd., (2010) 4 SCC 518.
5 | Page

In a lawsuit, Pleading is the beginning stage in which parties formally submit their claims and
defences. Pleadings are the foundation of the claims of parties . The jurisdiction to grant relief
in a civil suit necessarily depends on the pleadings, prayer, court fee paid, evidence let in, etc.
The law of pleadings may be concisely summarised in four words Plead facts not law. It is
the obligation of the parties to state only the facts on which they depend on for their claim. It
is for the court to declare the law arising out of those facts. In a lawsuit, pleading provide a
guide for the appropriate mode of trial. They determine upon which party the burden of proof
lies, and who has the right to open the case. They also determine the range of admissible
evidence which the party should adduce at the trial. They also lay down limit on the relief
that can be granted by the court.

6 | Page