PLEADINGS GENERALLY-ORDER VI- ORDER 6-CPC-RULE 1 TO 18

                        ORDER VI : PLEADINGS GENERALLY

Rule 1	Pleading
Rule 2	Pleading to state material facts and not evidence
Rule 3	Forms of Pleading
Rule 4	Particulars to be given where necessary
Rule 5	Further and better statement, or Particulars
Rule 6	Condition precedent
Rule 7	Departure
Rule 8	Denial of Contract
Rule 9	Effect of document to be stated
Rule 10	Malice, knowledge, etc
Rule 11	Notice
Rule 12	Implied contract, or relation
Rule 13	Presumptions of law
Rule 14	Pleading to be signed
Rule 14-A	Address for service of notice
Rule 15	Verification of pleadings
Rule 16	Striking out Pleadings
Rule 17	Amendment of pleadings
Rule 18	Failure to amend after order

Rule 1: “Pleading”.—“Pleading” shall mean plaint or written statement.

v Parties are bound by their respective Pleadings, Evidence beyond the pleadings can neither be permitted to be adduced nor can such evidence be taken into consideration (See., 2010-1-SCC Pg., 466)

v Mere non-mentioning or wrong mentioning of a provision in the pleadings is not a ground to reject the pleadings, (See 2004-1-SCC Pg., 453)

Rule 2: “Pleading to state material facts and not evidence”—(1) Every pleading shall contain, and contain only, a statement in a concise form of the 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.

(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.

(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.

v Evidence, it is well settled, can only be adduced with reference to matters which are pleaded in a civil suit and in the absence of an adequate pleading, evidence by itself cannot supply the deficiency of a pleaded case, M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors, (2020) 1 SCC 1.

Rule 3: “Forms of pleading”—The forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings.

Rule 4: “Particulars to be given where necessary”—In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.

v “39. Therefore, in a civil suit, if the plaintiff alleges fraud, misrepresentation or undue influence, he is obliged to given particulars. An allegation of fraud is a matter of a grave nature. So is the allegation of undue influence and misrepresentation. The intention underlying Order VI Rule 4 of the CPC is that the opposite party is to be put on sufficient notice as to the case which he is called upon to meet. The law loathes, parties to the lis being taken by surprise resulting in the violation of the basic principle of justice that a party should be able to effectively meet the case set up against him.” General Manager, Electrical ... vs Sri Giridhari Sahu, (2019) 10 SCC 695

Rule 5: Further and better statement, or particulars.—Omitted by Act 46 Of 1999, S. 16 (w.e.f. 1-7-2002)

Rule 6: Condition precedent.—Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.

Rule 7: Departure.—No pleading shall, except by way of amendment raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

v Plea not made in suit cannot be taken up before the Supreme Court (2003-8-SCC-636), Darshan Singh v. State of Punjab, (2007) 14 SCC 262 : (2009) 1 SCC (L&S) 488.

v A plea can be given up at the time of argument. A plea not argued when the case is taken up shall be deemed to have been given up (2004) 5 SCC 222.

Rule 8: Denial of contract.—Where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract.

v The defendant who disputes the legality and sufficiency of contract must specifically plead ground of his objection.

Rule 9: Effect of document to be stated.—Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.

Rule 10: Malice, knowledge, etc.—Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.

Rule 11: Notice.—Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred are material.

Rule 12: Implied contract, or relation.—Wherever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations or circumstances without setting them out in detail. And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.

Rule 13: Presumptions of law.—Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied (e.g., consideration for a bill of exchange where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim).

Rule 14: Pleading to be signed.—Every pleading shall be signed by the party and his pleader (if any):

Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorised by him to sign the same or to sue or defend on his behalf.

v Refer to Order 3 of CPC for rules applicable to “Person duly authorized by him”.

v The object of signature by party is to prevent dispute as to whether it was instituted with plaintiff’s knowledge or authority.

v Omission to sign pleading is a mere procedural lapse, party/his authorized agent can be permitted to cure the lapse by signing the pleadings/application.

v Memo filed by the counsel for one defendant that counter-affidavit filed by other defendant may also be treated on the behalf of his party, need not be signed by the party,  A 2000 Mad 266, 270.

v Evidence on behalf of the company need not be given by the person who has signed the plaint, an officer of the company can represent the company though the plaint was signed by general power of attorney holder,  2007-6- Andh LT 209, 210 (AP)

v “16. An analogous provision is to be found in Order 6 Rule 14 CPC which requires that every pleading shall be signed by the party and his pleader, if any. Here again, it has always been recognized that if a plaint is not signed by the plaintiff or his duly authorized agent due to any bona fide error, the defect can be permitted to be rectified either by the trial court at any time before judgment, or even by the appellate court by permitting appropriate amendment, when such defect comes to its notice during hearing”., Uday Shankar Triyar v. Ram Kalewar Prasad Singh, (2006) 1 SCC 75.

Rule 14-A: “Address for service of notice”.— (1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in Rule 14, regarding the address of the party.

(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition.

(3) The address furnished in the statement made under sub-rule (1) shall be called the “registered address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit or in any appeal from any decree or order therein made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause or matter.

(4) Service of any process may be effected upon a party at his registered address in all respects as though such party resided thereat.

(5) Where the registered address of a party is discovered by the Court to be incomplete, false or fictitious, the Court may, either on its own motion, or on the application of any party, order—

(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or

(b) in the case where such registered address was furnished by a defendant, his defence be struck out and he be placed in the same position as if he had not put up any defence.

(6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be, the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of stay or, as the case may be, the order striking out the defence.

(7) The Court, if satisfied that the party was prevented by any sufficient cause from filing the true address at the proper time, shall set aside the order of stay or order striking out the defence, on such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.

(8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address, if, for any reason, it thinks fit to do so.

Rule 15: Verification of pleadings.—(1) Save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.

(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

(3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.

(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.

v Also see Section 26 (2) of CPC

v The intention of the legislature is bringing about the various amendments including S. 26, Or.4  and Order 6 R. 15 in the code with effect from 1-7-2002 was aimed at eliminating procedural delay in disposal of civil matter, but being procedural in nature, they are procedural in nature are directory in nature and non-compliance would not render the plaint non-est. (2006-2-SCC Pg., 777)  

Rule 16: Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading—

(a) which may be unnecessary, scandalous, frivolous or vexatious, or

(b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or

(c) which is otherwise an abuse of the process of the Court.

v While exercising jurisdiction under Or. 6 Rule 16, court has to consider whether the allegations complained of are or are not necessary for establishing the defence, A 1995 Raj 123, 129.

v In wife’s Petition for divorce, the husband though has means does not pay the arrears of alimony, the Court may strike off his defence after giving him opportunity to pay the arrears, A 2006 HP 63,64.

Rule 17: Amendment of pleadings.—The Court may at any stage of the proceedings allow either party to alter or amend his pleading in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

v It is settled law that the grant of application for amendment shall be subject to certain conditions, namely, (i) when the nature of it is changed by permitting amendment; (ii) when the amendment would result in introducing new cause of action and intends to prejudice the other party; and (iii) when allowing amendment application defeats the law of limitation, Rajkumar Guruwara v. S.K. Sarwagi and Co. (P) Ltd., (2008) 14 SCC 364

v The court will decline to allow amendment, if it amounts

Rule 18: “Failure to amend after order”.—If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the Court.