GENERAL RULES OF PLEADING

INTRODUCTION
Pleadings are very important in civil cases. It is the duty of the lawyer to make a proper
pleading. Since a considerable percentage of litigants are either illiterate or not conversant
with law the duty of the lawyer of becomes more relevant facts of the case from the client.
The lawyer has to even to anticipate probable evidence that may be let in. All the details
should be comprehended, analyzed and assimilated before drafting the pleadings. A good
case may sometimes be lost because of bad drafting.

The whole object of pleading is to being parties to definite issues and to diminish expense
and delay and to prevent surprise at the hearing. A party is entitled to know the case of his
opponent so that he can meet it. In other words sole object of pleadings is to ascertain the real
dispute between the parties, to narrow down the area of conflict and to see where the two
sides differ, to preclude one party from taking the other by surprise and to prevent
miscarriage of justice.

Pleading provide a guide for the proper mode of trial. They demonstrate 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 can be granted by the court. Pleadings are thus the foundation of litigation.1

This paper is concerned with the General Rules of Pleadings. Order 6 of Civil Procedure
Code, 1908 deals with pleading in general.

1
Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeria, (2012) 5 SCC 370

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 GENERAL RULES OF PLEADING

PLEADING: DEFINITION: RULE 1

Pleading is defined as plaint or written statement.2 According to Mogha,3 pleadings are
statement in writing drawn up and filed by each party to a case, stating what his connection
will be at the trial and giving all such details as his opponent needs to know in order to
prepare his case in answer,

A plaintiffs pleading in his plaint, a statement of claim in which the plaintiff sets out his
cause of action with all necessary particulars, and defendants pleading is his written
statement, a defence in which the defendant deals with every material facts alleged by the
plaintiff in the plaint and also states any new facts which are in his favour, adding such legal
objections as he wishes to take to the claim. Where the defendant in his written statement,
pleads a set-off, the plaintiff may file his written statement thereto. Again, in some cases, the
defendant after filing his written statement may file an additional written statement with the
leave of the court.

BASIC RULES OF PLEADING: RULE2

Sub-rule (I) of Rule 2 lays down the fundamental principles of pleadings. It reads as under:

2(I). Every pleading shall contain, and contain only a statement in concise form of material
facts on which the party pleading relies for his claim or defence, as the case may be, but not
the evidence by which they are to be proved.

On analysis, the following general principles emerge:

(i) Pleadings should state facts and not law;

(ii) The facts stated should be material facts;

(iii) Pleadings should not state the evidence; and

(iv) The facts should be stated in concise form.

Let us discuss these principle in detail.

2
Or.6 R.1
3
Moghas law of pleading (1983) at p.1

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 GENERAL RULES OF PLEADING

FACTS AND NOT LAW

The first principle of pleadings is that they should state only facts not law. It is duty of the
parties to state only the facts on which they rely upon for their claims. It is for the court to
apply the law to the facts pleaded.4

The law of pleading may be tersely summarised in four words; Plead facts not law.

Thus, existence of a custom or usage is a question of fact which must specifically pleaded.
Similarly, intention is also a question of fact and it must be pleaded.

This is based on the principle that a judge is bound to apply correct law even if incorrect law
is pleaded by a party. A mixed question of law and fact, however, should be specifically
pleaded. Similarly, a point of law which is required to be substantiated by facts, should be
pleaded with necessary facts.5

MATERIAL FACTS

The second principle of pleadings is that they should contain a statement of material facts and
material facts only. Though the expression material facts has not been defined in the code,
it means all facts upon which the plaintiffs cause of action or the defendants defence
depends, or, in other words, all those facts which must be proved in order to establish the
plaintiffs right to relief claimed in the plaint or the defendants defence in the written
statement.6

4
Kedar Lal v. Hari Lal, AIR 1952 SC 47
5
H.D. Vashishta v. Glaxo Laboratories (1978) I SCC 170
6
Union of India vs. Sita Ram Jaiswal (1976) 4 SCC 505

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