PLEADINGS (ORDER 6 CPC)

This article is written by Mrinalini Menon of 1^st year of DES Navalmal Firodia Law College, Pune, an intern under Legal Vidhya

ABSTRACT

The art of pleading serves as the fundamental cornerstone of legal practice, guiding the development of litigation. This essay explores the complex world of pleadings, focusing on Order 6 of the Code of Civil Procedure (CPC), and reveals the fine details that turn inert words on paper into forces that advance justice. In order to untangle the mystical tapestry of pleadings, where each word carries the weight of a client’s claim, we set out on a tour through the Order 6 CPC’s maze-like passageways. This article presents a specially curated exploration by drawing on a diverse range of precedents, case examples, and academic viewpoints. It follows the development of pleas across time, analysing how they changed from being a strict, technical process to a more liberal, justice-focused strategy. The reader is taken through the fine line between specificity and generality, helping them to appreciate how a well-written pleading may be a potent tool in a litigator’s arsenal. This article also examines the art of storytelling in pleadings, showing how a powerful narrative can tip the balance of justice. It delves into the realms of legal ingenuity, where pleadings are transformed from plain texts into powerful tools of persuasion.

The article looks at how technology and digitalization have affected the drafting of pleadings in the modern world. It explores the difficulties and possibilities brought on by the digital era, when the art of persuasion assumes new forms. It is crucial to have a thorough understanding of Order 6 CPC filings because the legal system is still developing.

This article serves as a beacon, illuminating the path to mastering the art of pleading, offering legal practitioners, scholars, and enthusiasts a unique and comprehensive guide to this indispensable facet of the legal profession.

Keywords: Pleading, litigation, liberal, legal ingenuity, persuasion, digitalization, analysing.

INTRODUCTION OF LAW

Law is a set of rules and regulations set up by people or social beings which gives us certain rights and duties. We as citizens are bound to adhere to the rules and regulations laid down by the nation and even the international law. Laws within the nation strive towards the betterment of the society and its citizens. We are human beings that live in a society and thus are known as social animals. And as such each individual has their own ideologies, interests and opinions which might not be at par with everyone at all the time which would eventually lead to conflicts and differences of opinions between each other. In order to keep these differences and conflicts between people in check rules and regulations are made in the form of laws. These laws are extremely essential for the state. A state without law would result into anarchy. Both state and law are interdependent on each other which means just like state would not be able to survive without law, without a state law is completely meaningless as it cannot be applied on to anything.

In short law can be defined as the body of rules and regulations which are made for regulating the members of the society. According to Blackstone the definition is “Law in its most general and comprehensive sense signifies the rule of action whether animated, unanimated, rational or irrational”. And according to Salmond “Law may be defined as body of principles recognised and applied by the state in the administration of justice”

There are certain characteristics or nature of law that are standardly followed by all. It is very necessary that the laws that are being formed follow these or come under these. A law should always be uniform for everyone and should follow the principle of natural justice which is nothing but justice which is unbiased and that hears both the parties. Laws are usually derived from customs that have been followed by people and communities for a long time.

CIVIL PROCEDURAL CODE

The code of civil procedure was introduced or brought into power in the year 1908 and is a procedural law. The procedural law[1] establishes or provides with the rules and regulations of the court and the method or way to serve justice to individuals in the court system. The code is divided into two parts, the first part being under the substantive law and which in turn consists of 158 sections and the second part comes under the procedural law, which contains 51 orders. The major reason behind the separation of the code into orders and sections which is usually merged as one is that the sections and orders come under two different laws which is substantive and procedural law respectively.

MEANING OF CPC

The law relating to the practices and procedure to be followed in the civil courts is regulated by the Code of Civil Procedure, 1908 or CPC. The Indian Judicial system strictly follows the common law system which is usually based on judicial precedents that have been left behind and then inherited from the British Colonial legacy. The hierarchy of courts in India have a set pattern and are usually are divided into the following categories:

1.  Supreme Court[2]: It was originally established on January 28, 1950 and it is the highest court in the nation. As the top appeals court, it hears both initial lawsuits and challenges to High Court rulings. The Chief Justice of India sits on the Supreme Court together with 25 other judges. The Supreme Court’s powers are outlined in Articles 124 through 147 of the Indian Constitution.
2. High Courts: In India’s democracy, the High Courts rank second in importance. They are governed by Article 141 of the Indian Constitution. When it comes to rulings and orders, they are bound by the Supreme Court of India’s binding decrees. As the highest court in India, the Supreme Court is in charge of establishing precedent-based advice for the High Courts. These courts mostly only have jurisdiction over a single state, a confederation of states, or a Union Territory. But typically, appeals brought in cases from lower courts are heard by the top courts.
3. District court: These courts are also known as the subordinate courts. The Revenue court and the Taluka court are the courts that function under both the district courts and the High court. It has the power to make decision, solve disputes and change the rules without taking the permission of the politicians. But these decisions can’t be arbitrary. They have to be in agreement with the constitution of India. Just like the other courts the judges and magistrates of the courts are the decision makers of the court. It also includes the civil and criminal courts wherein the criminal cases are handled by the criminal courts and the civil cases are handled by the civil courts. The laws followed in the civil and criminal courts are the Code of Civil Procedure and Criminal law respectively.

The Supreme Court and the High Court are the major courts of the country with one Supreme court located in Delhi, the capital of our nation and the number of High Courts in India is 25 with six of them having control over more than one state or Union Territory.

HISTORICAL BACKGROUND OF CODE OF CIVIL PROCEDURE

Till 1859, in India there was no uniform codified law for the procedures to be followed in civil courts. For the first time in 1859, a uniform civil procedure code was introduced by passing the civil procedure code, 1859. The code of 1859 was amended from time to time regularly and was replaced by passing the civil procedure code, 1877. This code of 1877 was amended again in 1878 and 1879 and the third civil procedure code was enacted in 1882 which replaced the previous code. The code of civil procedure,1882 was also amended several times and ultimately the present Code of Civil Procedure, 1908 was passed overshadowing the defects of the code of 1882.[3]

The Code of Civil Procedure, 1908 is a Uniform Civil Procedure Code, which was enacted by the Imperial Legislative Council (India) on 21^st of March, 1908 and commenced on 1^st January, 1909. Its extents to the whole of India and has 158 sections. It also consists of 51 orders. The above said sections are divided into a total of 11 parts.

PLEADINGS

Pleading is basically nothing but a plaint and written statement where in plaint is the statement of claim. Order 6 Rule 1 of the CPC defines pleading as Plaint is where the plaintiff mentions their cause of action or the reason behind the actions of the plaintiff in that particular case. It is a very essential concept of jurisprudence. On the other hand, a written statement is always given by the defence side or from the defendant’s side. In this the defendant deals with all the material facts that the plaintiff had earlier mentioned in the plaint. These facts also include the allegations that the plaintiff has put on the defendant or rather accused him of. In the written statement either the defendant accepts these said allegations or denies them. Along with this the defendant also mentions some new facts that are different from those given by the plaintiff in the plaint or the pleading. These facts are usually in favour of the defendant. Thus, pleadings are those statements or replies to the acquisitions made by the parties which include the plaintiff and the defendant. The process includes addressing the courts on behalf of the parties. According to Blacklaw’s dictionary pleadings simply means mutual attraction between parties i.e., plaintiff and defendant which are present, set down or delivered in an office.

There are a few fundamental rules of pleading that have to be kept in mind while framing or making the plaint and the written statements of the defendant. The basic or fundamental rules out of all are as follows:

• Facts should be pleaded upon and not the law.
• Material facts should be pleaded
• Evidence should not be included while pleading
• Facts should be presented in a precise manner and no important facts in the pleadings be missed

Besides the four aforementioned fundamental rules there are certain other particular rules that have to be adhered to while drafting a pleading.

OBJECTIVES OF PLEADING[4]

There are certain reasons why a pleading is very necessary

1. Notice: Through formal pleadings, parties can inform the court, each other, and other parties of their claims, defences, and points of contention. This makes sure that everyone involved is aware of the specifics of the case.
2. Pleadings define the legal and factual problems that will be addressed during the litigation, establishing the framework for the case. They aid in streamlining the process and provide the case a framework.
3. Legal Sufficient: For pleadings to be considered legitimate, they must satisfy specific legal requirements. They should identify legal claims or defences and offer enough factual information to substantiate such claims or defences.
4. Surprise Avoidance: Pleadings are created to minimize surprises during trials. Early in the litigation process, they provide each side the chance to prepare their arguments and supporting evidence by compelling parties to outline their views.

CONCLUSION

Digitalization of pleadings is a very recent concept that had majorly arise during the pandemic duration wherein social distancing became of the utmost importance. Even though it started out for a particular reason, it turned out to be very convenient and useful. Though there are a lot of changes to be made for the better functioning or working of this concept. For instance, there are still a lot of district courts that require development on the technological front. Even the judges and the lawyers a large number of who are not really knowledgeable about technology needs to be given adequate training.

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[1] Procedural law, Cornell Law School, https://www.law.cornell.edu/wex/procedural_law, last seen on 24/08/2023

[2] Introduction to the Indian Judicial System, Animal Legal and Historical Centre, https://www.animallaw.info/article/introduction-indian-judicial-system#:~:text=The%20Indian%20judicial%20system%20follows,district%2C%20municipal%20and%20village%20levels., last seen on 24/08/2023

[3] Code of Civil Procedure (India), Wikipedia, https://en.wikipedia.org/wiki/Code_of_Civil_Procedure_(India), last seen on 25/08/2023

[4] Pleading: Objective, General Principles on Amendment, and Principles and Consideration Involved while Permitting Amendment of Pleadings, Legal Services India, https://www.legalserviceindia.com/legal/article-2499-pleading-objective-general-principles-on-amendment-and-principles-and-consideration-involved-while-permitting-amendment-of-pleadings.html last seen on 24/08/2023