Introduction

Pleadings form the foundation for any case in the court of law. It is a
statement in writing filed by the counsel of plaintiff stating his
contentions on the case, on the basis of which the defendant shall file the
written statement defending himself and explaining why the plaintiff’s
contentions should not prevail. Sometimes the plaintiff, having filed his
plaint, may, with the leave of the court, file a statement or the court may
require him to file a written statement. In such cases, the written
statement forms part of the plaintiff’s pleadings. Similarly, there are
cases in which the defendant having filed his written statement may,
with the leave of the court, file an additional written statement or the
Court may require him to do so. In such cases the additional written
statement also forms part of the defendant’s [Link] is the first
stage of a suit. Code of Civil Procedure (CPC) in order 6, Rule 1 defines
pleadings as a written statement or a plaint. The plaintiff’s written
statement and the defendant’s additional written statement are termed
supplemental pleadings.

Objective of pleading

The whole objective behind pleading is to narrow down on the issues

and provide a clear picture of the case thereby enhancing and expediting
the court proceedings. The pleadings help both the parties know their
point of dispute and where both parties differ so as to bring forth the
relevant arguments and evidence in the court of law.

The Supreme Court on 25th March, 1972 while disposing a case praying
for certain amendments in an election petition, observed that rules of
pleadings are intended towards giving justice and to act as aids for fair
trial.
General Rules of Pleading

1. Concise and Clear Statements: Pleadings should be concise and

clear, avoiding unnecessary repetition, prolixity, or ambiguity. Parties
should state their case in a straightforward manner, providing a brief
and coherent narrative of the material facts and legal basis of their
claims or defenses.
2. Material Facts: Pleadings should include all material facts necessary
to support the party’s claim or defense. Material facts are those that
are directly relevant to the cause of action or defense being asserted.
Irrelevant or immaterial facts should be excluded.
3. Specificity: Pleadings should be specific, providing detailed and
particularized information rather than making vague or general
statements. Parties should state the who, what, when, where, and how
of the events or circumstances giving rise to the claim or defense.
4. Legal Grounds: Pleadings should set forth the legal grounds,
principles, and authorities on which the party relies to support their
claim or defense. Parties should clearly state the applicable laws,
statutes, or legal doctrines that form the basis of their arguments.
5. Complete Defense: A defendant’s pleading should raise all available
defenses, whether legal or factual, that are relevant to the case. Failure
to raise a defense in the pleading may result in the waiver of that
defense unless leave to amend the pleading is granted by the court.
6. Material Alteration: Pleadings should not be materially altered or
amended without the permission of the court. Substantial changes to
the pleadings may require leave to amend and should be done in a
timely manner.
7. No Surprises: Pleadings should not contain new, inconsistent, or
contradictory claims or defenses that were not previously raised.
Parties are generally not allowed to introduce new issues or arguments
in subsequent pleadings unless they have obtained the court’s
permission.
8. Verification: In certain cases, pleadings may require verification,
where the party filing the pleading swears or affirms the truthfulness
of the contents stated therein. Verification adds credibility to the
pleading and emphasizes the importance of providing accurate and
reliable information.

Rules of Pleadings

The four words which can crisply summarise the rule of pleading is
‘Plead facts not law’. The counsel of both the parties should only project
the facts in their respective case rather than suggesting on the laws
applicable in the particular case.

To gain a crystal clear understanding of the same, the rules can be

studied in two parts that is:

1) Basic or Fundamental Rules

2) Particulars or other rules

Basic or Fundamental Rules

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:

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.

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’.

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.[2]

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.[3]

Facts in concise manner should be presented

This is the last and final basic rule of pleadings. 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.

Particulars or other rules

1. Particulars with dates and items should be stated wherever fraud,

misrepresentation, breach of trust, undue influence or wilful default
are pleaded in the pleadings.
2. Generally departure from pleading is not permissible, and except by
way of amendment, no party can raise any ground of claim or contain
any allegation of fact inconsistent with his previous pleadings.
3. Non-performance of a condition precedent should be specifically
mentioned in the pleadings. Performance of the same shall not form a
part of the pleadings since it is already implied.
4. If the opposite party denies a contract, it will be held as denial of the
facts of the contract and not its validity, enforceability and legality.
5. Wherever malice, fraudulent intention, knowledge or other condition
of the mind of a person is material, it may be alleged in the pleading
only as a fact without setting out the circumstances from which it is to
be inferred.
6. Unless the facts are material, there is no need for the facts to be stated
in verbatim.
7. Pleadings should only state the giving of a notice, when it is required
to give a notice or condition precedent, without disclosing the form or
 manner of such notice or giving details of any circumstances from
which the form of notice can be determined, unless the same is
material.
8. Implied relations between persons or contracts can be alleged as facts
and the series of conversations, letters and the circumstances from
which they are to be inferred should be pleaded generally.
9. The facts which deals with onus of proof or which favours a party
shall not be pleaded.
10. Every pleading should be signed by the party or one of the parties
or by his pleader.
11. A party to the suit shall provide with his and the opposite party’s
address.
12. Each and every pleading need to be approved by making an
affidavit by the party or a person who is acquainted by the facts stated
in the pleading.
13. A pleading may be ordered to be strike out by a court of law, if it
feels the same is scandalous, frivolous, unnecessary or intended
towards embarrassing, prejudicing or delaying a fair trial in the court.
14. Amendment of pleadings shall be allowed by the court
15. The pleadings shall be divided in proper paragraphs whenever
required, consecutively numbered and structured properly. Every
argument or allegations must be in separate paragraphs. Dates, sums
and any totals shall be expressed in figures as well as in words so as to
maintain clarity for the judge as well as the parties concerned in the
trial.
16. Forms in Appendix A of the Code should be used wherever they
are applicable. Where they are not applicable, forms of like nature
should be used.
 The term “Pleading” shall mean plaint or written statement.
Basic Rules of Pleading: Rule 2 of Order VI
 Order VI Rule 2 of CPC lays down some general principles regarding
pleadings which are as follows:
o Pleadings should state facts and not law.
o The facts stated should be material facts i.e. Facta Probanda
o Pleadings should not state the evidence i.e. Facta Probantia
o The facts should be stated in a concise form.
Other Rules of Pleadings Contained in Order VI
 Forms of pleading: Rule 3
o Rule 3 states that forms in Appendix A to the first schedule of CPC
should be used where they are applicable.
o Where they are not applicable, forms of like character should be used.
 Particulars to be given where necessary: Rule 4
o Wherever misrepresentation, fraud, breach of trust, wilful default or
undue influence are pleaded in the pleadings, particulars with dates and
items should be stated.
 Condition Precedent: Rule 6
o The performance of a condition precedent need not be pleaded since it is
implied in the pleadings.
o Non- performance of a condition precedent must be specifically and
expressly pleaded.
 Departure: Rule 7
o Generally, departure from pleading is not permissible except by way of
amendment.
o No party can raise any ground of claim or contain any allegation of fact
inconsistent with its previous pleadings.
 Denial of Contract: Rule 8
o A bare denial of a contract by the opposite party will be construed only
as a denial of fact of a contract and the legality, validity of such contract.
 Effect of document to be stated: Rule 9
o Documents need not to be set out at length in the pleadings unless the
words therein are material.
 Malice, knowledge etc.: Rule 10
o 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.
 Notice: Rule 11
o Whenever giving notice to any person is necessary, pleadings should
only state regarding giving of such notice without setting out the form or
circumstances which it is to be inferred, unless they are material.
 Implied Contract or Relation: Rule 12
o In cases where a contract or relation is implied from a series of letters or
conversations, the pleading should specifically state such letters or
conversations.
 Presumption of Law: Rule 13
o Facts which the law presumes in favor of a party or as to which the
burden of proof lies upon the other side need not be pleaded.
 Pleading to be signed: Rule 14
o Every pleading should be signed by the party and his pleader.
 Verification of Pleadings: Rule 15
o Every pleading should be verified on an affidavit by the party or by one
of the parties or by a person acquainted with the facts of the case.

Striking out Pleadings: Rule 16 of Order VI

 A Court at any stage of the proceedings may order striking of pleadings
in the following cases:
o Where such pleading is unnecessary, scandalous, frivolous or vexatious
o Where such pleading tends to prejudice, embarrass or delay fair trial of
the suit
o Where such pleading is otherwise an abuse of the process of the court

Amendment of Pleadings

Rules 17 and 18 of Order VI of Code of Civil Procedure, 1908 deal with

amendment of pleading. These provisions aim towards achieving justice
in the society. Rule 17 of the Code of Civil Procedure, 1908 provides
either parties may be ordered to amend or alter his pleading at any stage
of the proceeding in such manner which shall be fair and just and allow
amendment when necessary so as to determine the exact controversial
question between the parties.

On the other hand Rule 18 deals with the issue of failure of amending
the pleading. It deals with the law that if court orders a party to make
necessary and if he fails to do the same within the given time limit given
by the order or if no time is limited then within 14 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 14 days, as the case may be, unless
the time is extended by the Court.

What are the different types of pleadings?

There are various types of pleadings we are mentioning, some of them
below:

Complaint
The beginning of the lawsuit is when the plaintiff files a complaint
against the defendant. You can also refer to this complaint as a petition.
It is basically a written statement that outlines the plaintiff’s case.

In this complaint, the plaintiff states their version of the facts and asks
the court to order some relief to them. They can also ask for
compensation for the loss.

Answer
The answer document follows the complaint, and it is basically the
defendant’s written response. In this formal letter, the defendant
responds to the allegations and complaint against himself. Here,
defendants have an opportunity to plead for an affirmative defense. This
will include anything that would excuse the liability of the defendant.

It is necessary for the defendant to work with lawyers to write an answer

plead.
Counterclaim
The defendant can file a counterclaim against the plaintiff when they
assert their own harm. The counterclaim usually takes place in case of
accidents. For example, the plaintiff has filed a lawsuit against you for a
car accident and asking for compensation. But they were responsible for
your injuries and they were at fault. You can just counterclaim them.

Cross-claim
Both the parties involved in a lawsuit can cross-claim. This is to update
the claims or information that are present in the original pleading. In this
case, a new amended complaint will be filed and it will include all the
necessary information and updates.

Entering a Plea
In this type of situation, the defendant decides which plea they want to
enter. But it is important to have an attorney so that they can assess the
plea before the decision. Whether you decide to plead guilty, not guilty,
or you don’t want to plead. You should have an experienced attorney by
your side.

Amended Pleadings
Amendments can also take place in pleadings. Both the parties that are
involved in the lawsuit can ask for amendments in their pleadings. They
can correct errors, add new claims or change the previous ones, they can
also update the [Link] you want, you can look up some pleading
templates .
What Is The Purpose Of Each Type Of Pleading?
Every pleading has a different purpose. Let’s explore some of them
below:

Complaint: The main purpose of the pleading is to initiate a lawsuit. It

also serves as a notice to the defendant about the lawsuit against them.
Answer: The purpose of answer pleading is to respond to the allegations
in the complaint pleading. It also serves the purpose of presenting the
defense.
Counterclaim: The counterclaim serves the purpose of calming against
the plaintiff.
Cross-claim: Cross-claim is the pleading that serves the purpose of
asserting a claim against the co-defendants.
Third-Party Complaint: The third-party complaint serves the purpose
of bringing additional parties into the lawsuit. Both parties can plead for
third-party complaints.
Reply: The purpose of the reply pleading is to respond to counterclaims
or cross-claims.
Amended Pleadings: The main purpose of amending pleadings is to
make a correction in the lawsuit. It is to update and clarify the original
pleadings as the case progresses.
What are the consequences of failing to file pleadings properly?
It is crucial to file legal pleadings properly, otherwise the consequences
can be serious. Here is what you can face if your pleading isn’t proper.

Dismissal Of Case: This is a serious consequence that you can face if

your legal pleading isn’t proper. The court won’t approve your case and
it will get dismissed.

Default judgment: Default judgment is another consequence of your

improper legal pleading. If your answer or pleading is not according to
the rules of pleadings, then the plaintiff may win by default.
Costs and sanctions: The court can impose some monetary penalties
and other penalties for improper pleadings.
Waiver of rights: The situation of waiver of rights can also arise in case
of failing to file proper pleading in court. If you fail to assert claims in
court with the proper pleading, you will face a waiver of rights.
Conclusion

Pleadings form the backbone of any legal suit. The case is set out in the
pleading. It guides the parties to form the arguments and know the
contentions of the other party so as to frame claims or defence by either
party respectively. It is guidance in the whole journey of the suit. They
also determine the range of admissible evidence which the parties should
adduce at the trial. The Code of Civil Procedure lays down the
fundamental rules of pleadings along with the amendments to the same.
These provisions are aimed to strike a balance in the society and to
achieve the ultimate ends of justice.