1. Discuss Pleadings. When pleadings can be amended?

On what ground the court may reject an amendment?

 Pleadings
Pleadings are statements in writing drawn up and filed by
each party to a case, stating what his contentions 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 plaintiff's pleading is his plaint, a statement of claim in

which the plaintiff sets out his cause of action with all
necessary particulars, and a defendant's pleading is his
written statement, a defence in which the defendant deals
with every material fact 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.
 In Ganesh Trading Co. v. Moji Ram, the Supreme
Court observed "Provisions relating to pleadings in civil
cases are meant to give to cad side intimation of the
case of the other so that it may be met to enable courts
to determine what is really at issue between parties,
and to pre vent deviations from the course which
litigation on particular causes of action must take

 Amendment of Pleading-

Order 6 Rule 17 Code of Civil Procedure provides for

amendment of Pleading.

Provision for Amendment of pleadings has been stated in

Order 6 Rule 17 of the Code of civil procedure. But the
court will allow amendment only if this amendment is
necessary to determine the controversy between the parties.
The purpose of this provision is to promote ends of justice
and not to defeat the law.
Further, the Provision of Order 6 Rule 17 states that court
will not allow application of amendment after the trial has
been commenced unless court comes to the conclusion that
party did not raise the relevant facts before the
commencement of the trial. This provision gives discretionary
power to the court to decide on the application of pleadings
after the commencement of the Trial. An institution of the
suit is necessary for applying for amendment of pleadings.

The primary objective for the court to allow application for

Amendment of Pleadings is to secure the ends of the justice
and prevent injustice to other parties. Also, this amendment
is necessary for the purpose of determining the real
questions in controversy between the parties. Amendments
of pleadings help the parties to correct its mistakes in the
pleadings.
In the case of Cropper v. Smith reported in (1884), the
court stated that the object behind amendment of pleadings
is to protect the rights of the parties and not to punish them
for the mistake made by them in the pleadings.

What can be amended in pleading?

• Plaint filed by the Plaintiff

• Written Statements filed by the Defendant

Amendment of Pleadings when granted:

In the case of Kishan Das Vithoba Bachelor reported, the
court stated that there are two necessary conditions to be
satisfied before granting leave for amendment of pleadings:
 This grant of leave should not leads to the injustice to
other party.
 This Amendment of pleadings is necessary for
determining the real question of controversy between
parties.

Other points on which Amendments of Pleadings is granted:

• When the application of amendment is filed to avoid

multiplicity of suits.
 • When parties in the plaint or written statements wrongfully
described.
• When the plaintiff omits to add some properties to the
plaint.

 Amendment of Pleadings when refused:

1. Application of amendment of Pleadings is rejected by

the court when this amendment is not necessary for
determining the real question of controversy between
parties.
2. Application of amendment of pleadings is rejected when
it leads to the introduction of a totally new case.

 In the case of the Modi Spg. Mills v. Ladha Ram &

sons, Supreme Court held that “the defendant cannot
be allowed to change completely the case made in
certain paragraphs of the written statement and
substitute an entirely different and new case”.

3. When the Plaintiff or defendant is negligent

4. When proposed alteration or modification is unjust
5. Application for Amendments of Pleadings is refused
when it violates the legal rights or cause injustice to the
other party
6. Leave to amend is refused when it leads to the needless
complications in the case.
7. Leave to amend is refused when there has been
excessive delay by the parties in filing the suit.
8. Application of Amendment is refused when it changes
the nature of the disputes
9. The court will not grant application of amendment of
pleadings if it is made with mala fide intention.
10. Where several opportunities are given to parties to
apply for amendment of pleadings. But they failed to
make an application.
2. What is res judicata? Discuss the doctrine of
constructive res judicata. What are the essentials for
the applicability of the doctrine of res judicata?
 Res judicata
Res means “subject matter” and judicata means “adjudged”
or decided and together it means “a matter adjudged”.

Section 11 of the Code of Civil Procedure embodies the

doctrine of res judicata or the rule of conclusiveness of a
judgment, as to the points decided either of fact, or of law, or
of fact and law, in every subsequent suit between the same
parties. It enacts that once a matter is finally decided by a
competent court, no party can be permitted to reopen t in a
subsequent litigation. In the absence of such a rule there will
be no end to litigation and the parties would be put to
constant troble, harassment and expenses.
The doctrine of res judicata is based on three maxima
(a) nemo debet bis vexari pro una et eadem casa (no man
should be
vexed twice for the same cause).
(b) interest reipublicae ut sit finis litium (it is in the interest
of the State that there should be an end to a litigation); and
(c) res judicata pro veritate occipitur (a judicial decision must
be accepted as correct)

 The doctrine of res judicata has been explained by

Justice Das Gupta in the case of Satyadhyan Ghosal
v. Deorjin Debi AIR 1960 in the following words:

"The principle of res judicata is based on the need of

giving a finality to judicial decisions. What it says is that
once a res is judicata, it shall not be adjudged again.
Primarily it applies as between past litigation and future
litigation. When a matter, whether on a question of fact
or a question of law, has been decided between two
parties in one suit or proceeding and the decision is
final, either because no appeal was taken to a higher
court or because the appeal was dismissed, or no
appeal lies, neither party will be allowed in a future suit
or proceeding between the same parties to canvass the
matter again.”

 Doctrine of Constructive Res Judicata

 The rule of constructive res judicata in Section 11 of the
Civil Procedure Code is an artificial form of res judicata. It
provides that if a plea has been taken by a party in a
proceeding between him and the defendant he will not be
permitted to take pleas against the same party in the
following proceeding with reference to the same matter. It is
opposed to public policies on which the principle of res
judicata is based. It would mean harassment and hardship to
the defendant. The rule of constructive res judicata helps in
raising the bar. Hence this rule is known as the rule of
constructive res judicata which in reality is an aspect of
augmentation of the general principles of res judicata.

In the case of Workmen v. Board of Trustees, Cochin

Port Trust (1978), the Supreme Court explained the
principle of constructive res judicata in the following words:

"If by any judgment or order any matter in issue has been

directly and explicitly decided, the decision operates as res
judicata and bars the trial of an identical issue in a
subsequent proceeding between the same parties. The
principle of res judicata also comes into play when by the
judgment and order a decision of a particular issue is implicit
in it, that is, it must be deemed to have been necessarily
decided by implication; then also the principle of res judicata
on that issue is directly applicable. When any matter which
might and ought to have been made a ground of defence or
attack in a former proceeding but was not so made, then
such a matter in the eye of law, to avoid multiplicity of
litigation and to bring about finality in it is deemed to have
been constructively in issue and, therefore, is taken as
decided”.

 Essentials for the applicability of the doctrine of res

judicata
Before granting a decree of Red Judicata following conditions
should be satisfied first:

I. There must be two suits one former (previously

decided) suit and the other subsequent suit.
 II. Parties of the former and subsequent suit or the parties
under whom they or any of them claim should be the
same.
III. The subject matter of the subsequent suit should be
identical or related to the Former suit either actually or
constructively.
IV. The case must be finally decided between the parties.
V. The former suit should be decided by the court of
competent jurisdictions.
VI. Parties in the former as well as in Subsequent suit must
have litigated under the same title.
3. Discuss the provision of the civil procedure court
dealing with jurisdiction of civil court. What is the
procedure, when the court has no jurisdiction to try a
suit filed before it?

 Provision of the civil procedure court dealing with

jurisdiction of civil court
Section 9 of the Code of Civil procedure deals with the
jurisdiction of civil courts in India. It declares that the court
shall have jurisdiction to try all lawsuits of civil nature
accepting suits of which their cognizance is either expressly
or impliedly barred.
Conditions
A Civil court has jurisdiction to decide a suit if two
requirements are fulfilled:
I. The suit must be of a civil nature.
II. The cognizance of such a suit should not have been
expressly or impliedly barred.

 What is the procedure, when the court has no

jurisdiction to try a suit filed before it

4. What is plaint? What are the essentials of a plaint? Mr.

X presents a plaint with insufficient court fee. How
should the court proceed this case?

 Plaint
 Order 7 of the CPC particularly deals with a plaint. Plaint is
a legal document stating the cause of action and other
mandatory particulars supports the plaintiff's claim. It is filed
by the plaintiff stating its facts and relief to be claimed by the
plaintiff.

It contains name of the court, name, place, and description

of the plaintiff's & defendant’s residence, a statement of
unsoundness of mind, cause of action, relief claimed etc.

 Essentials of a Plaint-
The essentials of a plaint under Order 7 include the
following:

I. Title of the Suit: The plaint should begin with a clear

and concise title, indicating the nature of the suit and
the parties involved.

II. Name and Description of Parties: The names and

descriptions of the parties to the suit, i.e., the
plaintiff(s) and defendant(s), should be mentioned
accurately.

III. Jurisdiction of the Court: The plaint should state the

grounds on which the court has jurisdiction to hear and
decide the case, such as the location of the property or
where the cause of action arose.

IV. Facts and Cause of Action: The facts and

circumstances giving rise to the claim or cause of action
should be set out clearly and chronologically. This
includes providing a brief narration of the events
leading to the dispute and explaining how the defendant
is allegedly liable.

V. Relief Sought: The plaint should state the specific

relief or remedy sought by the plaintiff, such as
monetary compensation, injunction, specific
performance, or declaratory relief. The relief claimed
should be specific and clearly stated.
 VI. Valuation and Court Fees: The plaint must state the
value of the subject matter of the suit for the purposes
of determining the court fees payable. The court fees
must be paid as per the applicable laws.

VII. Verification: The plaint should be signed by the

plaintiff or their authorized representative, along with a
verification stating that the contents of the plaint are
true and correct to the best of their knowledge,
information, and belief.

 Mr. X presents a plaint with insufficient court fee. How

should the court proceed this case-

Section 149 - Power to make up deficiency of court-fees.

Where the whole or any part of any fee prescribed for any
document by the law for the time being in force relating to court-
fees has not been paid, the Court may, in its discretion, at any
stage, allow the person, by whom such fee is payable, to pay the
whole or part, as the case may be, of such court-fee; and upon
such payment the document, in respect of which such fee is
payable, shall have the same force and effect as if such fee had
been paid in the first instance
Rejection of Plaint
Order VII Rule 11 of the Code of Civil Procedure elaborates on the
rejection of plaints in certain circumstances. It has mentioned
certain grounds on the basis of which the plaints are rejected by
the courts. One of them is not mentioning the cause of action that
the plaintiff seeks against the respondent.
 It is necessary to decide the application of rejection of the
plaint under Order VII. The defendant cannot be asked to
file a written statement without deciding on such an
application if there is any. Furthermore, this rule can be
applied at any stage of the proceedings. In a case before the
Calcutta High Court, Selina Sheehan v. Hafez Mohammad
Fateh Nashib, the plaint was rejected even after it was
numbered and instituted as a suit.
It is the duty of the Court to examine the plaint thoroughly and
decide whether the plaint should be admitted or sent back for
making amends to it. However, the plaint is bound to be rejected
by the Court in the following circumstances.
Relief has been stated in the plaint clearly but the paper on
which the plaint is written is not properly stamped [Order
VII Rule 11(c)]
To ensure that a plaint is adequately stamped, there are provisions
mandated under the Indian Stamp Act, 1899. Also, to safeguard
the interests of the states, Rule 11(c) provides insufficiently
stamped plaint to be a ground for rejection. As in the matter of
undervaluation of plaint, the court may also provide extra time to
the plaintiff to rectify such an error in this provision as well.
Further, as per Order VII Rule 11(c), a plaint is rejected by the
court if it has been written on a paper which has not been duly
stamped and authorised. If the person is not able to make up for
the deficiency, he can apply as a pauper to continue the suit. An
Order under this Rule for rejecting a plaint must only be given
after the plaintiff has been given reasonable time to amend the
situation.
 In a case before the Calcutta High Court, Midnapore
Zamindary Co. v. Secretary of State (1938), the Court
had required the plaintiff to supply the amended plaint with
the duly stamped paper which he failed to do so. It was held
by the Court that the plaintiff would not be allowed to amend
the plaint and was directed to pay an extra amount of court
fees. The plaint was also rejected.

5. Define pleadings. State the general rules of

construction of pleadings. Can pleadings be amended?
Explain.

 Pleadings
Order 6 Rule 1 defined “Pleading” is defined as plaint or
written statement.
Pleadings are statements in writing drawn up and filed by
each party to a case, stating what his contentions 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 plaintiff's pleading is his plaint, a statement of claim in
which the plaintiff sets out his cause of action with all
necessary particulars, and a defendant's pleading is his
written statement, a defence in which the defendant deals
with every material fact 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.
 In Ganesh Trading Co. v. Moji Ram, the Supreme
Court observed "Provisions relating to pleadings in civil
cases are meant to give to cad side intimation of the
case of the other so that it may be met to enable courts
to determine what is really at issue between parties,
and to pre vent deviations from the course which
litigation on particular causes of action must take.
 General rules of construction of pleadings
Basic or Fundamental Rules are discussed in the sub-rule
(1) of Rule 2 of Order VI of the Code of Civil Procedure,
1908. Summarising the provision, the basic rules of pleadings
are the following:
I. Facts should be pleaded upon and not the law
This was first held in the case Kedar Lal v. Hari Lal where it
was held that the parties are under the duty to state the
facts on which they are claiming their compensation. The
court shall apply the law as per the stated facts to render the
judgement. One should not assert or apply any laws for
claiming right on the stated facts.
II. Material facts should be pleaded
The second basic rule is to present facts which are material
only. Immaterial facts shall not be considered. The question
arose in the court of law that what is the actual scope of
‘material facts’. It was decided by the judge in the case
Union of India v. Sita Ram that material facts will be
 inclusive of all those facts upon which the plaintiff’s counsel
will claim damages or rights as the case may be or the
defendant will put forth his defence. In nutshell, facts which
will form the basis for claiming a right or compensation by
the plaintiff or prove the defendant’s defence in the written
statement will fall under the ambit of being ‘material’.
III. Evidence should not be included while pleading
It says that pleadings should contain a statement of material
facts on which the party relies but not the evidence by which
those facts are to be proved.
There are two types of facts:
 Facts probanda: the facts which need to be proved, i.e
material facts
 Facts probantia: facts by which a case is to be proved, i.e
evidence
Only facts probanda should form the part of pleadings and
not facts probantia. The material facts on which the plaintiff
relies for his claim or the defendant relies for his defence are
called Facta probanda, and they must be stated in the plaint
or in the written statement, as the case may be.
IV. Facts in concise manner should be presented
This is the fourth and the last principle of pleadings is that
the pleadings should be drafyed with sufficient brevity and
precision. Compressed and crisp presentation must be
adhered while presenting the pleadings. At the same time, it
must be kept in mind that in order to maintain brevity of
facts one should not miss out on important facts in the
pleadings. Pleadings can be saved from superfluity if one
takes care in syntax.
 Can pleadings be amended

Yes, Pleadings can be amended under Order 6 Rule 17 of the

Code of Civil procedure,1908. But the court will allow
amendment only if this amendment is necessary to
determine the controversy between the parties. The purpose
of this provision is to promote ends of justice and not to
defeat the law.
 The primary objective for the court to allow application for
Amendment of Pleadings is to secure the ends of the justice
and prevent injustice to other parties. Also, this amendment
is necessary for the purpose of determining the real
questions in controversy between the parties. Amendments
of pleadings help the parties to correct its mistakes in the
pleadings.

 In the case of Cropper v. Smith reported in (1884),

the court stated that the object behind amendment of
pleadings is to protect the rights of the parties and not
to punish them for the mistake made by them in the
pleadings.

 In the case of Kishan Das Vithoba Bachelor reported,

the court stated that there are two necessary conditions
to be satisfied before granting leave for amendment of
pleadings:
 This grant of leave should not leads to the injustice to
other party.
 This Amendment of pleadings is necessary for
determining the real question of controversy between
parties.

Other points on which Amendments of Pleadings is granted:

• When the application of amendment is filed to avoid

multiplicity of suits.
• When parties in the plaint or written statements wrongfully
described.
• When the plaintiff omits to add some properties to the
plaint.

6. (a) A sues B for rent. The suit is dismissed on finding

that A was not the landlord, but A and B were tenants
in common. Can A subsequently file a suit against B for
partition of the property? Give reasons.
(b) Write a note on signing and verification of
pleadings.
  Signing and verification of pleadings

Rule 14 and 15 of Order 6 of the code of civil

procedure,1908 deals with the Signing and verification of
pleadings.

Rule 14 states that, every pleading must be signed by the

party or by one of the parties or by his pleader. But if the
party is unable to sign the pleading, it can be signed by any
person authorised by him.

Rule 15 states that, every pleading must be verified by the

party or by one of the parties pleading or by some other
person acquainted with the facts of the case.

The person verifying the pleading must specify what

paragraphs he verifies upon his knowledge and what
paragraphs he verifies upon information received by him and
believed by him to be true.

The verification cation must be signed on an affidavit by the

person verifying and must contain the date on which and the
place at which it was signed. The person verifying the
pleading should also furnish an affidavit in support of his
pleadings.

7. State the distinctions between:

(a) Res-subjudice and Res-judicata
(b) Appeal and Review.

 Appeal and Review.

Aspect Appeal Review

To challenge a final To examine a judgment/order on

Purpose decision or order certain grounds
Aspect Appeal Review

A party to the case or any person

Filed by An aggrieved party interested

Appellate Same court that passed the

Authority Higher court judgment/order

Typically within a Within 30 days from the date of

Time Limit specified period judgment/order

Errors of law, fact, or Limited grounds specified in the

Grounds procedure law

Entire case or specific

Scope issues Limited to the aspects for review

No fresh evidence, unless allowed

Hearing Fresh hearing by the court

Can affirm, modify, or Can modify, reverse, or confirm

Disposition reverse the decision the judgment/order

Generally binding on Binding only on the parties to the

Binding Effect lower courts review

The decision of the

appellate court is usually The decision can be further
Finality final reviewed in certain circumstances

Distinction between Review and Appeal

 When appealing to a court superior to the one that issued

the verdict, the appellant will contest the inferior court’s
decision with an appeal. The appeal is a motion to be tried
again. An appeal to ask the higher court to amend the
lower court’s decision is sought. The lower court’s decision
may remain the same or it may be revised by the higher
court. A review is not people’s statutory right and is
applicable at the court’s discretion. A review is applied in
the same court in which the original decision is taken and
is a request to consider the legality of the ruling. A review
is based on irregularity of procedures, impropriety,
irrationality, and illicitness.
  Section 114 and Order 47 of the CPC deal with review
whereas Sections 96 to 112 and Orders 41 to 45 of the
CPC deal with appeal.
 There’s just one review. The second request for review
does not lie. On the other hand, there are three appeals:
o From District Munsiff Magistrate Court/Subordinate
Judge’s Court to District Judges (First Appeal);
o From District Judge’s Court to the High
Court(Second Appeal);
o From the High Court to the Supreme Court (Third
Appeal).
 An appeal is referred to different judges whereas a review
is referred to the same judge.
 The grounds for appeal are wider in ambit than the ground
for review.

 Res-subjudice and Res-judicata

 8. (a) Discuss the particulars to be furnished in a plaint.
(b) Mr. X presents a plaint with insufficient Court-fee.
How should the Court proceed in this case ?

 Particulars to be furnished in a plaint

Every plaint should contain the following particulars:
(i) Order 7 Rule 1(a)
The name of the court in which the suit is brought;
(ii) Order 7 Rule 1(b)
The name, description and place of residence of the plaintiff
(iii) Order 7 Rule 1(c)
The name, description and place of residence of the defendant;
(iv) Order 7 Rule 1(d)
Where the plaintiff or defendant is a minor or a person of unsound
mind, a statement to that effect;
(v) Order 7 Rule 1(e)
The facts constituting the cause of action and when it arose;
(vi) Order 7 Rule 1(f)
The facts showing that the court has jurisdiction;
(vii) Order 7 Rule 1(g), Order 7 &8
The reliefs claimed by the plaintiff, simply or in the alternative;
(viii) Order 7 Rule 1(h)
Where the plaintiff has allowed a set-off or relinquished a portion
of his claim, the amount so allowed or relinquished
(ix) Order 7 Rule 1(i)
A statement of the value of the subject-matter of the suit for the
purpose of jurisdiction and court fees;
(x) Order 7 Rule 2
Where the suit is for recovery of money, the precise amount
claimed,
(xi) Order 7 Rule 2
Where the suit is for accounts or mesne profits or for movables in
the possession of the defendant or for debts which cannot be
deter- mined, the approximate amount or value thereof
(xii) Order 7 Rule 3
Where the subject-matter of the suit is immovable property a
description of the property sufficient to identify it, e.g boundaries,
survey numbers, etc
(xiii) Order 7 Rule 4
Where the plaintiff files a suit in a representative capacity, the
facts showing that the plaintiff has an actual existing interest in
the subject-matter and that he has taken steps that may be
necessary to enable him to file such a suit;
(xiv) Order 7 Rule 5
The interest and liability of the defendant in the subject-matter of
the suit:
(xv) Order 7 Rule 6
Where the suit is time-barred, the ground upon which the
exemption from the law of limitation is claimed.

(b) Mr. X presents a plaint with insufficient Court-fee. How

should the Court proceed in this case?
Section 149 - Power to make up deficiency of court-fees.
Where the whole or any part of any fee prescribed for any
document by the law for the time being in force relating to court-
fees has not been paid, the Court may, in its discretion, at any
stage, allow the person, by whom such fee is payable, to pay the
whole or part, as the case may be, of such court-fee; and upon
such payment the document, in respect of which such fee is
payable, shall have the same force and effect as if such fee had
been paid in the first instance
Rejection of Plaint
Order VII Rule 11 of the Code of Civil Procedure elaborates on the
rejection of plaints in certain circumstances. It has mentioned
certain grounds on the basis of which the plaints are rejected by
the courts. One of them is not mentioning the cause of action that
the plaintiff seeks against the respondent.
 It is necessary to decide the application of rejection of the
plaint under Order VII. The defendant cannot be asked to
file a written statement without deciding on such an
application if there is any. Furthermore, this rule can be
applied at any stage of the proceedings. In a case before the
Calcutta High Court, Selina Sheehan v. Hafez Mohammad
Fateh Nashib, the plaint was rejected even after it was
numbered and instituted as a suit.
It is the duty of the Court to examine the plaint thoroughly and
decide whether the plaint should be admitted or sent back for
making amends to it. However, the plaint is bound to be rejected
by the Court in the following circumstances.
Relief has been stated in the plaint clearly but the paper on
which the plaint is written is not properly stamped [Order
VII Rule 11(c)]
To ensure that a plaint is adequately stamped, there are provisions
mandated under the Indian Stamp Act, 1899. Also, to safeguard
the interests of the states, Rule 11(c) provides insufficiently
stamped plaint to be a ground for rejection. As in the matter of
undervaluation of plaint, the court may also provide extra time to
the plaintiff to rectify such an error in this provision as well.
Further, as per Order VII Rule 11(c), a plaint is rejected by the
court if it has been written on a paper which has not been duly
stamped and authorised. If the person is not able to make up for
the deficiency, he can apply as a pauper to continue the suit. An
Order under this Rule for rejecting a plaint must only be given
after the plaintiff has been given reasonable time to amend the
situation.
 In a case before the Calcutta High Court, Midnapore
Zamindary Co. v. Secretary of State (1938), the Court
had required the plaintiff to supply the amended plaint with
the duly stamped paper which he failed to do so. It was held
by the Court that the plaintiff would not be allowed to amend
the plaint and was directed to pay an extra amount of court
fees. The plaint was also rejected.

9. (a) Narrate the principles regarding "denial". by a

defendant in his written statement as set forth in the
Code of Civil Procedure.
(b) In a suit the defendant seeks more than 90 days'
time for submission of Written Statement. How should
the Court proceed? Cite case-law.

10. Define Pleadings. Can pleadings be amended?

Refer cases.
Pleadings are statements in writing drawn up and filed by
each party to a case, stating what his contentions 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 plaintiff's pleading is his plaint, a statement of claim in
which the plaintiff sets out his cause of action with all
necessary particulars, and a defendant's pleading is his
written statement, a defence in which the defendant deals
with every material fact 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.
 In Ganesh Trading Co. v. Moji Ram, the Supreme
Court observed "Provisions relating to pleadings in civil
cases are meant to give to cad side intimation of the
case of the other so that it may be met to enable courts
to determine what is really at issue between parties,
and to pre vent deviations from the course which
litigation on particular causes of action must take

 Amendment of Pleading-
Order 6 Rule 17 Code of Civil Procedure provides for
amendment of Pleading.

Provision for Amendment of pleadings has been stated in

Order 6 Rule 17 of the Code of civil procedure. But the
court will allow amendment only if this amendment is
necessary to determine the controversy between the parties.
The purpose of this provision is to promote ends of justice
and not to defeat the law.

Further, the Provision of Order 6 Rule 17 states that court

will not allow application of amendment after the trial has
been commenced unless court comes to the conclusion that
party did not raise the relevant facts before the
commencement of the trial. This provision gives discretionary
power to the court to decide on the application of pleadings
after the commencement of the Trial. An institution of the
suit is necessary for applying for amendment of pleadings.
 The primary objective for the court to allow application for
Amendment of Pleadings is to secure the ends of the justice
and prevent injustice to other parties. Also, this amendment
is necessary for the purpose of determining the real
questions in controversy between the parties. Amendments
of pleadings help the parties to correct its mistakes in the
pleadings.
In the case of Cropper v. Smith reported in (1884), the
court stated that the object behind amendment of pleadings
is to protect the rights of the parties and not to punish them
for the mistake made by them in the pleadings.

What can be amended in pleading?

• Plaint filed by the Plaintiff

• Written Statements filed by the Defendant

Amendment of Pleadings when granted:

In the case of Kishan Das Vithoba Bachelor reported, the
court stated that there are two necessary conditions to be
satisfied before granting leave for amendment of pleadings:
 This grant of leave should not leads to the injustice to
other party.
 This Amendment of pleadings is necessary for
determining the real question of controversy between
parties.

Other points on which Amendments of Pleadings is granted:

• When the application of amendment is filed to avoid

multiplicity of suits.
• When parties in the plaint or written statements wrongfully
described.
• When the plaintiff omits to add some properties to the
plaint.

11. What is written statement? Distinguish between

set of and counter claim. Explain the particulars of a
written statement.
  Written Statement
The Code of Civil Procedure does not give a definition of a ‘written
statement’. In general terms, it can be defined as the statement of
defence in writing, filed by the defendant, and it deals with every
material fact alleged by the plaintiff in the plaint. It contains
objections to the plaintiff’s allegations as well as new facts, if any.
It essentially refers to the pleading of the defendant, as a plaint is
the pleading of the plaintiff. The provisions concerning the written
statement are contained in Order VIII of the Code of Civil
Procedure.
The matter in the written statement must be stated concisely. It
must only contain the facts on which the defendant relies for his
defence and not the evidence to prove such facts.
A written Statement is nothing but a reply from the defendant to
the plaint led by the plaintiff. it is the pleading of the defendant
where he deals with the material fact alleged by the plaintiff in his
plaint and also elucidates any new fact favouring him or taking
legal objections against the plaintiff's claims in the plaint. In a
written statement defendant can deny the allegations made in the
plaint against him. Apart from this, he can also claim to set off any
sums of money payable by the plaintiff to him as a counter-
defence (Order 8 Rule 6). On the other hand, if the defendant has
any claim against the plaintiff concerning any matter in the issue
raised in the plaint, he can separately file a counter-claim
alongside his written statement (Order 8 Rule 6A to 6G)
  Distinguish between set of and counter claim

Set-off Case Laws

 In Jitendra Kumar Khan v. Peerless General

Finance & Investment Co. Ltd (2013) 8 SCC 769),
it was observed that certain conditions must be met
before applying Order VIII, Rule 6 CPC. There are two
primary conditions- firstly, it must be a money-recovery
suit, and secondly, the amount sought to be set off
must be a certain amount

 The issue in M/s. Anand Enterprises v Syndicate

Bank JAIR 1990 Kant 175) was the applicability of
court fees on a set-off. The Karnataka High Court stated
its stance on the topic, saying that a written statement
should be treated as a plaint regarding the set-off
claim, and the same portion will attract court fees.

Counter-claim Case Laws

 In Rohit Singh v. State of Bihar (2006) 12 SOC 734),
there was no counterclaim. The counterclaim was considered
after the issues) were framed and the evidence was closed.
The SC observed that, although a counterclaim could be
submitted after filing the written statement, this did not
imply that a counterclaim could be elevated after the issues
were framed and the evidence was closed

 In Manikchand Fulchand Katariya v, Lalchand

Harakchand Katariya JAR 1994 Bom 196, 19941, it was
held by the Hon'ble Bombay High Court that a counterclaim
filed in accordance with Order 3 Rule 6A is not limited to a
money suit but also to a decree for possession filed by the
defendant in a case instituted by the plaintiff for an
injunction.

 Particulars of a Written Statement Rules 1-5 and 7-10

Drafting a written statement is an art so it should be drafted

carefully and artistically. Before proceeding to draft a written
statement it is absolutely necessary for the defendant to
examine the plaint carefully.

Special rules of defence:

Rules 2 to 5 and 7 to 10 deal with special points
regarding the ling of a written statement:
 (Order 8 Rule 2)
New facts, such as the suit is not maintainable, or that the
transaction is either void or voidable in law, and all such
grounds of defence as, if not raised, would take the plainti by
surprise, or would raise issues of fact not arising out of the
plaint, such as fraud, limitation, release, payment,
performance or facts showing illegality, etc. must be raised.

 (Order 8 Rule 3)
The denial must be specie. It is not succinct for a defendant
in his written statement to deny generally the grounds
alleged by the plainti, but he must deal specially with each
allegation of fact which he does not admit, except damages.
 (Order 8 Rule 4)
The denial should not be vague or evasive. Where a
defendant wants to deny any allegation of fact in the plaint,
he must do so clearly, specially and explicitly and not
evasively or generally.

 (Order 8 Rule 5)
Where every allegation of fact in the plaint, if not denied
specifically or by necessary implication, or stated to be not
admitted except as against a person under disability. The
court may, however, require proof of any such fact otherwise
than by such admission.

 (Order 8 Rule 7)
Where the defendant relies upon several distinct grounds of
defence or set-off or counterclaim founded upon separate
and distinct facts, they should be stated separately and
distinctly.

 (Order 8 Rule 8)
Any new ground of defence which has arisen after the
institution of the suit is a presentation of a written statement
claiming a set-o or counterclaim may be raised by the
defendant or plaintiff in his written statement as the case
may be.

 (Order 8 Rule 9)
If the defendant fails to present his written statement within
the time permitted or relaxed by the court, the court will
pronounce the judgment against him or pass such order in
relation to the suit as it thinks t and a decree will be drawn
up according to the said judgment.

 (Order 8 Rule 10)

No pleading after the written statement of the defendant
other than by way of defense to set-off or counterclaim can
be led.