PLEADINGS UNDER CPC

This article is written by Adarsh Anand Amola of 7^th Trimester of IIM Rohtak, an intern under Legal Vidhiya

Abstract:

This article explores the pivotal role of pleadings in the legal landscape, as defined in Order 6 of the Civil Procedure Code. Pleadings, encompassing ‘plaints’ and ‘written statements,’ serve as the foundational elements of litigation, initiating cases and eliciting responses. The article underscores the significance of pleadings in ensuring fairness, transparency, and efficiency within legal proceedings. It delves into the fundamental principles governing pleadings, emphasizing the necessity of clarity and precision. Additionally, the article highlights the principles of seeking relief under Order VII Rules 7 and 8, stressing the importance of specific requests. In summary, pleadings serve as the cornerstone of a just and informed legal process, facilitating the adjudication of rights and disputes in a structured and equitable manner.

Keywords: Pleadings, Civil Procedure Code, litigation, fundamental rules

Introduction

Pleading serves as the cornerstone of litigation and is addressed in Order 6 of the Civil Procedure Code^[1]. Order 6 Rule 1 within the CPC defines pleadings as either a ‘plaint’ or a ‘written statement.’ While the code doesn’t provide a specific definition for the term ‘plaint,’ it can be understood as the statement of claim. This document encapsulates the essential facts that initiate a legal case in a court of law.

Similarly, the term ‘written statement’ lacks a precise code-defined explanation, but in the case of ‘Food Corporation of India vs Yadav engineer and contractor,^[2]‘ it is described as a term with a specific connotation, typically signifying a response to the plaintiff’s complaint.

According to Cornell Law School^[3][4], pleading represents the initial phase of a lawsuit, where parties formally present their claims and defenses. In ‘Virendra Kashinath vs Vinayak N. Joshi,^[5]‘ the Supreme Court elucidates that the purpose of the rule behind pleadings is twofold: firstly, to provide the opposing side with information about the specific facts of the case they need to address, and secondly, to aid the court in ascertaining the actual dispute between the parties.

Pleadings are essential to allow the court to adjudicate the true rights of the parties during the trial. In the case of Ganesh Trading Co. v. Moji Ram^[6], the Supreme Court underscored that procedural laws are designed to facilitate, not hinder, the pursuit of substantive justice. Provisions concerning pleading in civil cases are intended to ensure that each party is aware of the other’s case, aiding the courts in determining the real issues at hand and preventing deviations from the established course of litigation for specific causes of action.

Background

In ancient times, when kings served as the ultimate source of justice, petitioners would personally present their cases, sharing all relevant details with the king. The king would then call upon the opposing party to present their defense, engaging in cross-examination. Decisions were typically not documented, relying on the king’s and courtiers’ memory. The Mughal period followed a similar oral pleading system. During British rule, as Diwani Courts and High Courts were established, the judicial process evolved. Increasing complexity led to extensive litigation, making oral hearings impractical. Records were initially kept by scribes, but eventually, litigants were allowed to submit written claims. This transition occurred gradually, driven by practicality and experience, ultimately streamlining court procedures by the 19th century.

The establishment of the principles of pleadings coincided with the development of civil codes. This formalization is clearly outlined in Order VI Rule 1 of the Code of Civil Procedure, 1908^[7], which provides a specific definition of “pleading” as either the plaintiff’s “plaint” or the defendant’s “written statement.” Pleadings are an essential aspect of the legal process, particularly in civil suits, as they serve to delineate the issues that must be addressed before the trial gets underway.

In India, the contemporary system of pleadings draws its roots from the Civil Procedure Code of 1908.^[8] This foundational document has been complemented and augmented over time by rules introduced by State High Courts and specific legislative acts. Pleadings encompass two primary components: the plaintiff’s “plaint” and the defendant’s “written statement.”

The plaintiff’s “plaint” plays a pivotal role in initiating a legal action. It contains crucial details, including the cause of action and other pertinent particulars that support the plaintiff’s claim. On the other side, the defendant submits a “written statement,” which serves as their response to the plaintiff’s contentions. It includes objections, denials, and other essential information that the defendant believes are necessary to present before the court.

Pleadings serve as the cornerstone of any legal dispute, demanding meticulous preparation. A significant omission or error in the pleadings can have profound consequences. Once the trial enters the stages of evidence presentation and argumentation, parties are typically limited in their ability to introduce new issues or facts that conflict with their initial pleadings. However, there are exceptions to this rule.

In some instances, parties may seek to amend their pleadings to rectify errors or include additional information. This is permitted under Order VI Rule 17 of the Civil Procedure Code, 1908.^[9] Additionally, cases involving set-off claims, where a defendant asserts a counterclaim against the plaintiff’s demand, represent another exception.

To summarize, pleadings are the foundation upon which legal disputes are built. They provide a structured framework for parties to present their respective positions and contentions to the court. The comprehensive understanding of the principles of pleadings as outlined in the Civil Procedure Code, 1908^[10], supplemented by rules and legislation, is essential for effective engagement in the legal process in India.

Objectives of Pleading

The primary purpose of pleading in legal proceedings is to ensure fairness and transparency between the parties involved. Pleadings serve to reveal the core disputes and issues in contention. This is crucial because it allows each party to understand the opposing side’s position, including which facts are accepted and which are disputed. By doing so, parties can adequately prepare for the trial and avoid surprises.

Pleadings also have the significant benefit of preventing unexpected revelations during the trial and eliminating the need to present evidence for facts already admitted by a party. This saves parties from unnecessary expenses, effort, and inconvenience. Instead, they can focus their evidence and arguments on the specific issues framed by the court based on the facts asserted by one party and challenged by the other.

Moreover, pleadings offer the advantage of prior knowledge. Parties can anticipate the arguments and points the opposing side will raise at the trial, allowing them to be well-prepared and avoiding surprises that could arise if there were no established rules of pleading. In essence, pleadings are a fundamental aspect of the legal process, promoting transparency, efficiency, and fairness.

As Odgers^[11] explains in “Pleading and Practice,” both plaintiffs and defendants have the right to know the allegations made against them and the defenses that will be presented. This knowledge helps them shape their strategies, whether they wish to dispute the opposing party’s claims, present alternative facts, assert legal points, or introduce their own claims. The process of stating each party’s case and responding to the opponent’s case is the essence of pleadings.

In summary, the objectives of pleadings are threefold: first, to define the issues at hand; second, to provide the opposing party with an opportunity to address specific allegations; and third, to enable the court to adjudicate the genuine disputes between the parties. Pleadings serve as a crucial foundation for a fair and informed legal process by ensuring that all parties are aware of and prepared for the matters in dispute.

Fundamental Rules of Pleadings

It is a rule to observe in all Courts that a party complaining of an injury and suing for redress, can recover only secandum allegata et probate^[12]. The provisions of law under which the suit has been instituted should also be mentioned^[13]. The pleas should be specifically mentioned, as the evidence cannot be looked into in the absence of a specific plea or point. The Court will however see the substance, if the plea is not properly worded. The four fundamental rules of pleadings are:

1) That a pleading shall contain, only a statement of facts, and not Law;

2) That a pleading shall contain all material facts and material facts only.

3) That a pleading shall state only the facts on which the party pleading relies and not the evidence by which they are to be proved,

4) That a pleading shall state such material facts concisely, but with precision and certainty.

The fundamental or essential principles are addressed in sub-rule (1) of Rule 2 under Order VI^[14] of the Code of Civil Procedure, 1908. To summarize this provision, the key principles governing pleadings are as follows:

•   Pleadings should focus on facts, not the law. This principle was initially established in the case of Kedar Lal v. Hari Lal^[15], where it was ruled that parties have a duty to articulate the facts on which they base their claims for compensation. The court’s role is to apply the law to the presented facts when rendering judgment. Parties should refrain from asserting or applying legal principles to assert their rights based solely on stated facts.
•   Material facts must be included in the pleadings. The second fundamental rule dictates that only relevant facts should be presented, and immaterial facts should be omitted. The question of what constitutes “material facts” came before the court, and in the case of Union of India v. Sita Ram^[16], it was decided by the judge that material facts encompass all those facts upon which the plaintiff’s counsel will base their claims for damages or rights, and likewise, the defendant will present their defense. In essence, “material facts” refer to facts forming the foundation for the plaintiff’s claim or the defendant’s defense in the written statement.

Additionally, it’s important to note that pleadings can be amended as per Order VI Rule 17.^[17]

Here are relevant case laws on this matter:

• In Kedar Lal v. Hari Lal^[18], it was emphasized that parties should only state the facts upon which they rely for their claims, raising the question of the definition of “material facts.”
• Union of India v. Sita Ram^[19] clarified that “material facts” encompass all facts on which the plaintiff’s cause of action or the defendant’s defense relies. In other words, they are the facts that must be proven to establish the plaintiff’s right to relief or the defendant’s defense.
• Udhav Singh v. Madhav Rao Scindia^[20] held that “material fact” refers to all the primary facts necessary to prove a party’s cause of action or defense.
• Virender Nath v. Satpal Singh^[21] further affirmed that “material facts” are those upon which a party bases their claim or defense, and their specific definition may vary depending on the circumstances of each case. Failure to include material facts renders the pleading defective, as per the aforementioned case laws.

Some common examples of pleadings under CPC:

• Plaint: This is the initial pleading filed by the plaintiff to initiate a civil suit. It contains the following details:
  • Name and address of the plaintiff and defendant.
  • The cause of action.
  • The facts and circumstances leading to the lawsuit.
  • The relief sought (the specific remedy or compensation requested).
• Written Statement: The defendant responds to the plaintiff’s plaint by filing a written statement. This pleading includes:
  • Admission or denial of each allegation in the plaint.
  • Any additional facts that the defendant relies on to support their case.
  • Affirmative defenses and counterclaims (if any).
• Replication: If the defendant raises new facts in their written statement, the plaintiff may file a replication to respond to those facts.
• Rejoinder : The defendant can file a rejoinder to respond to any new matters raised in the plaintiff’s replication.
• Written Arguments: During the course of the trial, both parties may file written arguments to present their legal positions and interpretations of the evidence.
• Interlocutory Applications: Parties may file various interlocutory applications during the course of the suit. These could include applications for interim injunctions, amendments to pleadings, and other procedural matters.
• Written Submissions: After the completion of the trial, the parties may file written submissions summarizing their case and legal arguments.
• Application for Amendment of Pleadings: Either party may seek permission from the court to amend their pleadings to include additional facts or claims.
• Counterclaim: In addition to the written statement, a defendant can file a counterclaim, which is a separate pleading where they bring their own claim against the plaintiff in the same lawsuit.
• Written Affidavits: Parties may file affidavits containing sworn statements by witnesses or parties as evidence to support their case.

Parties in a lawsuit can make amendments to their pleadings under specific conditions:

• If any crucial point is inadvertently left out in the initial pleadings, attempting to introduce it during the Affidavit-in-Evidence phase when presenting evidence would be detrimental, as it cannot be raised at that late stage.
• The scope for amending pleadings is restricted and is governed by the provisions of Order 6, Rule 17 of the Civil Procedure Code, 1908^[22]. If a point has not been included in the pleadings, no evidence can be presented regarding that point. The general rule is that without pleadings, there can be no presentation of evidence.

In the case of Mrs. Om Prabha Jain v. Abnash Chand Jain^[23] AIR 1968 SC 1083, it was affirmed that if a party fails to disclose or plead any significant fact, they will not be allowed to introduce evidence to establish such a fact during the trial.

Furthermore, in ‘Virendra Nath vs Satpal Singh,^[24]‘ the Supreme Court elaborated that the term ‘material’ fact can be defined as those facts upon which a party bases their claim or defense. In simpler terms, ‘material facts’ are the facts on which the plaintiff’s cause of action or the defendant’s defense relies. Whether a particular fact qualifies as a material fact or not is contingent upon the specifics of each case and hinges on the circumstances at hand.

Granting of Relief

Order VII Rule 7 and Rule 8 of the Code of Civil Procedure, 1908, address the matter of relief sought in a plaint as follows:

Rule 7 of Order VII of the Code of Civil Procedure, 1908^[25]:

Any relief sought by the plaintiff, whether in a straightforward manner or as an alternative, must be explicitly specified. There is no requirement to request general or other forms of relief, as the Court has the authority to grant such relief as it deems just based on the case’s facts, to the same extent as if it had been formally requested.

As stated in the case of Rajendra Tiwary vs. Basudeo Prasad and Another (AIR 2002 SC 136), this same rule applies when the defendant claims relief in their written statement.

Rule 8 of Order VII of the Code of Civil Procedure, 1908^[26]:

When the plaintiff seeks relief for multiple separate claims or causes of action that are based on distinct grounds, they should, to the extent possible, be presented separately and distinctly.

As emphasized by the Supreme Court in Shehla Burney vs. Syed Ali Mossa Raza^[27], it is imperative to note that relief cannot be granted against a party unless it has been specifically requested in the lawsuit or petition, in accordance with the provisions of Order VII Rules 5 and 7 of the Code of Civil Procedure.^[28]

In light of the aforementioned legal precedents, it is accurate to assert that Courts generally do not provide relief that has not been formally sought by the parties involved.

Conclusion

In the legal realm, pleadings are the bedrock upon which litigation stands. They provide a structured framework for parties to present their cases and defenses formally. While the Civil Procedure Code of 1908 outlines the principles, supplemented by rules and legislation, it’s crucial for effective legal engagement in India. Pleadings foster fairness, transparency, and efficiency in legal proceedings, ensuring that parties understand each other’s positions and aiding courts in making informed judgments. Furthermore, the principles of pleading, such as focusing on facts, including material facts, and maintaining precision, are fundamental for a just legal system. Lastly, relief, as outlined in Order VII Rule 7 and Rule 8, hinges on specific requests, emphasizing the importance of clarity and specificity in seeking remedies.

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^[1] The Code of Civil Procedure, 1908,  No. 5, Acts of Parliament, 1908 (India).

^[2] Food Corporation of India vs Yadav engineer and contractor 1983 SCR (1) 95

^[3] Nupur (2023) Pleading under CPC , WritingLaw. Available at: https://www.writinglaw.com/pleading-under-cpc/  (Accessed: 07 October 2023).

^[4] Virendra Kashinath vs Vinayak N. Joshi (1999) 1 SCC 47

^[5] Ganesh Trading Co. v. Moji Ram (1978) 2 SCR 614

^[6] Id.

^[7] The Code of Civil Procedure, 1908,  No. 5, Acts of Parliament, 1908 (India).

^[8] Id.

^[9] Id.

^[10] Id.

^[11] Drafting, pleadings and appearances – ICSI. Available at:  https://www.icsi.edu/media/webmodules/FINAL%20DAP%20BOOK%2005-02-2020.pdf  (Accessed: 07 October 2023).

^[12] William Maleomson v. Glayton 14 Moore PC 128.

^[13] Lalta v Ambika 1968 All LJ 1133.

^[14] The Code of Civil Procedure, 1908,  No. 5, Acts of Parliament, 1908 (India).

^[15] Kedar Lal v. Hari Lal AIR 1952 Cal 176

^[16] Union of India v. Sita Ram 1977 SCR (1) 950

^[17] The Code of Civil Procedure, 1908,  No. 5, Acts of Parliament, 1908 (India).

^[18] supra note 13.

^[19] supra note 14.

^[20] Udhav Singh v. Madhav Rao Scindia Air 1976 SC 744

^[21] Virender Nath v. Satpal Singh (2007) 3 SCC 617

^[22] The Code of Civil Procedure, 1908,  No. 5, Acts of Parliament, 1908 (India).

^[23] Mrs. Om Prabha Jain v. Abnash Chand Jain AIR 1968 SC 1083

^[24] supra note 19.

^[25] The Code of Civil Procedure, 1908,  No. 5, Acts of Parliament, 1908 (India).

^[26] Id.

^[27] Shehla Burney vs. Syed Ali Mossa Raza (2011) 6 SCC 529

^[28] The Code of Civil Procedure, 1908,  No. 5, Acts of Parliament, 1908 (India).