INTRODUCTION

Pleading is the foundation which is followed in the legal profession. The pleadings in the civil
cases also mean the plaint or the written statement. The pleading in the civil suit draws the entire
structure of the suit as the pleadings includes all the allegations and counter allegations made by
one party and denied by the other.1 The pleading in the civil suit should consists of the statement
in a concise form of the material facts on which the plaintiff is relying for the claim or the relief
from the defendant. According to Mogha2, “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.”

Order VI of the Code of Civil Procedure, 1908 lays down the general principle of pleadings
which is followed by the civil court in India, the definition of the pleading is stated in the Rule 1
of Order 6 of the Civil Procedure Code, 1908 according to the rule pleading is the plaint or
written statement3. Thus Plaint is the statement of the plaintiff which is contains the disputed
facts which is against the defendant that the plaintiff has to prove it in the Court of Law, while
the Written Statement is filed by the defendant where he either admits the disputed facts or deny
all the disputed facts which is admitted by the plaintiff in the plaint. Rule 4 of Order IV states
that the necessary evidence has to be filed with the plaint or with the written statement when the
matter is relating to fraud, misrepresentation, breach of trust, willful default etc.4

In the case of Throp v. Holdsworth5 it was held by the court that the main aim of the pleading is
acknowledge both plaintiff as well as defendant about the point of dispute arose between them
and to bring both of them on the same platform to resolve the dispute. Pleadings helps the court
to scrutinize unnecessary facts and points raised by the parties regarding to the disputes and the
thus decides the case on the basis of the merits of the case and also helps the court to follow the
principle of natural justice.

1
Himanshu Verma,“ Pleadings- what are the fundamental rules of pleading” LAWNN. September 28 2018
(https://www.lawnn.com/pleadings-what-are-the-fundamental-rules-of-pleading/).(Visited on February 6 2020).
2
Mogha, Law of Pleadings, 1983, page no. 1.
3
C. K Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 8th Edition, Eastern Book Company, 2019, page
no. 188.
4
Sir Dinshaw Fardunji Mulla, THE CODE OF CIVIL PROCEDURE, Vol. II 19th ed. 2018, Lexis Nexis page no.
1733.
5
Throp v. Holdsworth (1876) LR 3 Ch D 637.

Page 1 of 9
AIM & OBJECTIVE

The main aim behind doing is project is to understand the procedure which is followed in the
civil suit established under the Code of Civil Procedure and object to do the project are:-

 To understand the concept of plaint field by the plaintiff, particular contains in plaintiff,
and rejection of plaint as given under Order VII Rule 1 to Rule 18.
 To understand the concept of written statement field by the defendant as given under
Order VIII Rule 1 to Rule 10.

RESEARCH METHODOLOGY

The researcher has applied doctrinal research of methodology in this research topic. The
researcher did extensive research and went through provisions related to Pleadings in Civil
Cases. The researcher in order to analyze this topic perused numerous books on the same topic.
In furtherance of the analysis, the researcher also tried to understand the concept of Pleadings in
Criminal Cases. This provided the researcher an insight about the difference between the
working two statutes. To form an opinion on the topic, the researcher also read various articles,
blogs, and books by renowned authors. The researcher also read precedents and various
judgments which were related to Pleadings in Civil Cases.

Page 2 of 9
CONTENTS OF PLEADING

Order VI Rule 2 to Rule 15 of the Code of Civil Procedure 1908 states the necessary contents
that should be attached or included to the pleading. According to the rule laid down in the Code
is that the Pleading should include all the material facts that is related to the suit, should be
included in the pleading, but the pleading should not include the Evidence that the parties will be
using to prove there facts or the story they had sated in the suit. The facts which are stated in the
pleading are those facts that contain statements of material facts, on which the party relies and
thus this facts has to be proved in the further trail.6 Pleadings in the civil cases should be drafted
in such a form concise that it should include all the matter of concern in the suit that is aroused
due to misrepresentation, fraud, breach of trust etc. Pleading in the civil suit should be divided
into paragraph which should be numbered accordingly, According to the rule laid down it is
stated that different allegation in the suit should be contained in different Para of the suit. The
pleading should be signed by the parties and by his legal representative who is going to represent
him in the court of law.7

According to the Rule 15 of Order VI it talks about verification of pleading. Thus, verification of
pleadings means that both plaint as well as written statement has to be verified either by the party
or any person who is well versed of the facts of the dispute between them but when the verifier is
other than the parties to the suit then the verifier has to prove the court that he is aware of the
facts. Verification helps the court to reject any unnecessary claim made by the parties, thus the
verifier has to attach an affidavit to the court as an oath that he has verified the pleading.8

6
Paul M. Perell, “THE ESSENTIALS OF PLEADING” heinonline.com.
https://heinonline.org/HOL/LandingPage?handle=hein.journals/aqrty17&div=20&id=&page=.(Visited on February
6 2020. )
7
C. K Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 8th Edition, Eastern Book Company, 2019, page
no. 196-200.
8
All India Reporter Ltd. And Anr. v. Ramchandra Dhondo Datar AIR 1961 Bom 292.

Page 3 of 9
STRIKING OUT PLEADING

The principle of the striking out of the plaint is established on the basis of the maxim ex debito
justitiae the maxim state that the court will work for the interest of justice and hence no subject
will be allowed by the parties in the court of law which opposes the principle of Natural Justice.9
According to the Order VI Rule 16 of the Code of the Civil Procedure it is clearly stated that the
court has the power to strike out the pleading at any stage of the proceeding if the court founds
that it is unnecessary, scandalous, frivolous or vexatious or tends to prejudice, embarrass or daily
fair trail of the suit or violets the procedure of the court10.

In the case Sathi Vijay Kumar V. Tota Singh11 it was held by the court that according to Rule it
is clearly stated that the court will not entertain any pleading which is “unnecessary, scandalous,
frivolous or vexatious or tends to prejudice, embarrass or daily fair trail of the suit or violets the
procedure of the court”, as the following subjects opposes the principle of Natural Justice and
also violets the court proceedings.

AMENDMENT OF PLEADING

Amendment of the pleading means to change or alter the suit so as the court will try the
following dispute on the merit basis.12 It is the last Para in the civil suit which is stated in the
plaint where every practicing lawyer places before the court in the form prayer so as the plaintiff
or the defendant can amend their following suit as required. Thus, it is the discretionary power of
the court to allow the parties to amend the suit or to cancel their prayer. The court will allow the
parties to amend or to alter their suit on the respected grounds-

 As the amendment is related to determine the real question of controversy between the
parties.
 When the amendment is related to fundamental character of the suit.
 When the amendment is made in bona fide manner not in mala fide way.

9
C.K Thakkar, CODE OF CIVIL PROCEDURE, Volume III 1st ed, 2014, Eastern Book Company, page no. 429-
438
10
Khakare Vikas, “PLEADING PLAINT WRITTEN STATEMENT” Advocate Desire.com (August 2017.)
https://www. Advocate Desire .com/pleadings-plaints-written statement/(visited on February 14 2020)
11
Sathi Vijay Kumar v. Tota Singh (2006) 13 SCC 573.
12
C. K Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 8th Edition, Eastern Book Company, 2019,
page no 206-219

Page 4 of 9
In the case M. Revanna V. Anjanamma13 it was held by the court that amendment of the
Pleading is the discretionary power of the court but it can only be allowed when the parties who
is willing to amend the pleading has to show to the court their bona fide intention in regard of
pleading, as the amendment of pleading can be rejected when the court finds that after amending
the pleading it will harm the nature of justice and will oppose the principle of natural justice.

In the case Mohinder Kumar Mehra v. Roop Rani Mehra14 it was held that the pleading can be
amended even at the evidence stage or any time of the trail, as the bare provision of the civil
procedure code clearly states that the court can allow the parties to amend the pleading at any
stage but the parties has to prove the court their intention amend the pleading, As the amendment
is related to determine the real question of controversy between the parties, When the
amendment is related to fundamental character of the suit.

Particulars of Plaint

Plaint is the 1st step in the pleading which is filed by the plaintiff in the court of law. The plaint is
formal expression of the dispute or statement of claim or a document which is filed by the
plaintiff. Order VII of Code of Civil Procedure talks about Plaint, Plaint in the civil suit should
contain the name of the competent court where the dispute is brought by the aggrieved parties the
name of the court should be written on top of the plaint.15 The plaint should include name,
description and place of residence of the plaintiff as well as the defendant which helps the court
to decide whether following disputes comes under their jurisdiction or not. The plaint has also
need to the state that whether there is any minor, unsound person in the dispute.16

The plaintiff should clearly state in the plaint facts relating to cause of action, and what are the
relief he is claiming from the defendant. If the dispute between the plaintiff and the defendant is
relating to the recovery of money then it is the duty of the plaintiff to tell precise amount to the
court on which there is dispute between them. Also the plaintiff should tell the court the detail
description of the property when the civil suit between the plaintiff and the defendant is related

13
M. Revanna v. Anjanamma (2019) 4 SCC 332.
14
Mohinder Kumar Mehra v. Roop Rani Mehra (2018) 2 SCC 132.
15
C.K Thakkar, CODE OF CIVIL PROCEDURE, Volume III 1 st ed, Eastern Book Company, 2014, page no. 503-
510
16
C. K Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 8th Edition, Eastern Book Company, 2019,
page no. 225-229.

Page 5 of 9
 17
to immovable property. In the case Kuldeep Singh V. Ganpat Lal18 it was held that the plaint
should include all the particulars that have been stated in the Rule 1 of Order 7 Code of Civil
Procedure as in the instant case the plaintiff has not stated the actual cause action between them.
Thus, it led the court to reject the plaint of the plaintiff as the following situation attracted order
7 Rule 11.

REJECTION OF PLAINT

Order VII Rule 11 of the Code of the Civil Procedure describes certain on which the plaint of the
plaintiff can be rejected by the court of Law, but the grounds stated under rule 11 are not only the
ground on which the plaint can be rejected as the specified ground are not exhaustive in nature.
According to the rule the plaint should contain the specified cause of action of the issue arise
between the parties if the plaint doesn’t include the specific cause of action between the parties
the Plaint will be rejected on preliminary basis thus, the court will not issue the summons to the
defendant as the plea doesn’t include the specific cause of action relating to the dispute between
the parties.19 Secondly the court can also reject the plaint of the plaintiff when the claim or the
relief claimed by the plaintiff is undervalued in this situation the court ask the plaintiff to give
exact or approximate relief they want to claim if the plaintiff at cant specify it to the court at that
time or the time extended by the court then plea will be rejected.20

Third Important condition of rejection of plaint is that when the plaintiff pays or had paid the
insufficient stamp duty or had paid less court fess according to the specified court fees of the
state, thus the exception to the following condition is that when the plaintiff cannot pay the
respective court fees of the state then the plaintiff can apply to continue the suit as an indigent
person.21 Fourth important condition of the Code of the Civil Procedure the court will reject the
suit of civil nature where the point of dispute is barred by the law and thus it is the duty of the

17
Raunak Pandey, “THE ESSENTIALS OF PLAINTS” legal crystal.com(June 2018)
https://www.legal crystal.com/the-essential-of-plaints/( visited on February 14 2020)
18
Kuldeep Singh v. Ganpat Lal AIR 1996 SC 729.
19
C. K Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 8th Edition, Eastern Book Company, 2019,
page no.234-237.
20
C.K Thakkar, CODE OF CIVIL PROCEDURE, Volume III 1st ed, 2014 Eastern Book Company,, page no. 571-
589
21
Supra Note 17.

Page 6 of 9
court to decide sou motu that whether it us maintainable or not and thus if it is barred then the
suit is rejected on preliminary ground.22

Pawan Kumar v. Babulal23 it was held by the court that the no suit in civil nature will be
entertained in the court of law which is barred by law, Thus in the present case section 4 of the
Benami Transaction Act, 1988 which barred the civil to be entertained in the court.

WRITTEN STATEMENT

A written statement is a pleading filed by the defendant in reply to the plaint filed by the plaintiff
in the court of law. The written statement filled by the defendant generally admits all the
allegation made by the plaintiff or deny all the allegation made by the plaintiff. The written
statement is generally filed by the defendant as in person or by through appointed legal
representative or agent.24

Order VIII of the Code of Civil Procedure deals with the written statement which is filed by the
defendant the written statement has to be filled within thirty days from the date of the delivery of
the summons. Rule 1 of the Order VIII it is clearly state that it is the duty of the defendant to
produce the document for the relief or the counter claim he is seeking from the plaintiff as a
support or evidence for his statement made by him in the written statement thus he need to
deliver it to the court at the time of filing of the statement. Thus, the defendant must raise all the
facts relating to the case in the pleading with regarding to the suit which must tell the court the
following suit is not maintainable in the court of law.25

The written statement is drafted in concise form with dealing each and every aspect if the case.
The defendant in the written statement deal with each of the allegation made by the plaintiff
specifically and deny all the allegation made on him. However when all the allegation are denied

22
Sir Dinshaw Fardunji Mulla, THE CODE OF CIVIL PROCEDURE, Vol. II 19th ed. 2018, Lexis Nexis page no.
1895-1920.

23
Pawan Kumar v. Babulal (2019) 4 SCC 367.
24
C. K Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 8th Edition, Eastern Book Company, 2019,
page no.251-254.
25
Shashank Prassad, “THE ESSENTIALS & IMPORTANCE OF WRITTEN STATEMENT”. Law
desk.com.(November 2016)
https://www. Legal desk.com/essential-Importance-of-writtenstatement/( visited on February 14 2020)

Page 7 of 9
specifically then the defendant has to submit proof to the court in order to convince the court that
the plaintiff has wrongly stated and had made false allegation against him.26 In the case Berdan
v. Greenwood27 it was held by the court that the defendant in his written statement may raise
different and separate point of issue which may be inconsistent with pleading as he think when
the plaint in the pleading is not embarrassing.

ANALYSIS

Civil dispute in India is governed by the Code of Civil Procedure 1908, where in Order 6 it talks
about the procedure of civil trail which is followed by our judiciary and helps the court to decide
the matter of dispute on the merit basis. As order 6 Rule 1 clearly states that the pleadings
include both the Plaint which is filed by the plaintiff as to institute a suit which makes the
allegation on the defendant and written statement which is submitted by the defendant in order to
either to deny all the allegation made by the plaintiff on him or to admit the allegation made on
him.28

Order VII of the Code of Civil Procedure 1908 talks about the plaint, the order tells us that what
all particular should we have to state in the plaint and what are the replication if the plaint is not
containing the particulars stated under Order 7 Rule 1(a) to 1(i) as in the case Kuldeep Singh V.
Ganpat Lal29 the plaint was not containing the cause of action of the dispute thus, the court
rejected the plaint as Order 7 Rule 11 states to reject the plaint when the given is not containing
the cause of action of the suit.30

Order VIII of the Code of the Civil Procedure 1908 talks about the Written Statement, the Order
tells us about the basic motive to file written statement in Court of Law, as the written statement
is filed by the defendant to the court. The Law prescribe the defendant to draft the written
statement in concise manner as it contain all the disputed matter efficiently and with the proof
the defendant has to tell the court about its point view on the disputed facts raised by the

26
C.K Thakkar, CODE OF CIVIL PROCEDURE, Volume III 1 st ed, 2014, Eastern Book Company, page no. 615-
625
27
Berdan v. Greenwood (1878) 3 Ex D 251, 255.
28
C. K Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 8th Edition, Eastern Book Company, 2019,
page no.
29
Kuldeep Singh V. Ganpat Lal AIR 1996 SC 729.
30
Saorabh Mishra, “THE IMPORTANCE AMD FUNDAMETALS OF PLAINT” lawyer net.com (January 2019)
< https://www. lawyer net.com/the-importance-fundametals-of plaint/> (visited on February 14 2020)

Page 8 of 9
plaintiff.31Thus, Pleadings in the civil cases is the fundamental procedure that need to be
followed by the court in India. Pleadings helps the court to consider the important the facts and
to strike down the unnecessary facts of the dispute raised by the parties and thus, the pleadings
helps the court of law to follow the principle of Natural Justice as to provide each and every
party fair trail.32

Bibliography

Books:

 C.K. Thakker, CODE OF CIVIL PROCEDURE Vol. 3, Eastern Book Company (2014).
 Sir Dinshaw Fardunji Mulla, THE CODE OF CIVIL PROCEDURE, Vol. 2, Lexis Nexis
(2018).
 C. K Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 8th Edition, 1963, Eastern
Book Company, 2019

31
Sir Dinshaw Fardunji Mulla, THE CODE OF CIVIL PROCEDURE, Vol. II 19 th ed. 2018, Lexis Nexis page no.
1939-1975.
32
C.K Thakkar, CODE OF CIVIL PROCEDURE, Volume III 1st ed, 2014, Eastern Book Company, page no. 635-
650.

Page 9 of 9