Dr.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY

ACADEMIC SESSION:2021-2022

CIVIL PROCEDURE CODE

PLEADINGS

Submitted to: Submitted by:

Dr. Vipul Vinod Saddhvi Nayak

Associate Professor (Law) 200101114

RMLNLU 4th semester (Section B)

B.A.L.L.B(Hons.)
 CONTENTS

S.NO. Topic Pg.NO.

1. Declaration 3

2. Acknowledgement 4

3. Table of Cases and Statues 5

4. Introduction 6

5. Legal Analysis of Pleadings 6-8

6. Present Legal Framework 8-11

7. Amendment of Pleadings 11-14

8. Conclusion 14-15

9. Bibliography 15-16
 DECLARATION

I hereby declare that the project work entitled “Pleadings”

submitted to the Dr. Ram Manohar Lohiya National Law
University, Lucknow is a record of an original work done by me
under the guidance of Dr. Vipul Vinod, faculty of law, the Dr.
Ram Manohar Lohiya National Law University and this project
is submitted in the partial fulfillment of the requirements for the
award of the degree of B.A.L.L.B (Hons.). The results embodied
in this have not been submitted to any other University or
Institute for the award of any degree or diploma.
 ACKNOWLEDGEMENT

This research paper would not have been accomplished without the
generous contributions of individuals. First of all, I express my gratitude
to the Almighty, who aided me with his strength, wisdom and patience to
complete this project as a term paper.

Additionally, I express my gratitude and deep regards to my teacher Dr.

Vipul Vinod for giving me the freedom to work on “Pleadings” and
also for his exemplary guidance, monitoring and constant
encouragement throughout the course of this research paper.

I would also like to thank the authorities of Dr. Madhu Limaye Library
who provided the remote access of the library to provide the research
material.

Moreover, I also thank all my batchmates and seniors who aided me

along the way, and my family and friends for their constant
encouragement without which this assignment would not have been
possible.

I know that despite my best effort some discrepancies might have crept
in which I believe my humble professor would forgive.

THANKING YOU ALL.

Saddhvi Nayak.
 TABLE OF CASES

Ajendraprasadji N. Pande &

Anr. V. Swami
Keshavprakeshdasji N. & Ors
 Bharat Karsondas Thakkar
V. M/s Kiran Construction Co.
& Ors
 Bhagwati Prasad vs. Shri
Chandramaul
 B.K. Narayana Pillai V.
Parmeshwaran Pillai & Anr.
 Hanuwant Singh Rawat V.
M/s Rajputana Automobiles,
Ajmer
 Kailash V. Nankhu & Ors.
 Lalita Prasad v. Gajadhar
 Peethani Suryanarayana v.
Repaka Venkata Ramana
Kishore
 Salem Advocate Bar
Association v. Union of India
 Sampat Kumar V.
Ayyakannu & Anr
Ajendraprasadji N. Pande &
Anr. V. Swami
Keshavprakeshdasji N. & Ors
 Bharat Karsondas Thakkar
V. M/s Kiran Construction Co.
& Ors
 Bhagwati Prasad vs. Shri
Chandramaul
 B.K. Narayana Pillai V.
Parmeshwaran Pillai & Anr.
 Hanuwant Singh Rawat V.
M/s Rajputana Automobiles,
Ajmer
 Kailash V. Nankhu & Ors.
 Lalita Prasad v. Gajadhar
 Peethani Suryanarayana v.
Repaka Venkata Ramana
Kishore
 Salem Advocate Bar
Association v. Union of India
 Sampat Kumar V.
Ayyakannu & Anr
Ajendraprasadji N. Pande &
Anr. V. Swami
Keshavprakeshdasji N. & Ors
 Bharat Karsondas Thakkar
V. M/s Kiran Construction Co.
& Ors
 Bhagwati Prasad vs. Shri
Chandramaul
 B.K. Narayana Pillai V.
Parmeshwaran Pillai & Anr.
 Hanuwant Singh Rawat V.
M/s Rajputana Automobiles,
Ajmer
 Kailash V. Nankhu & Ors.
 Lalita Prasad v. Gajadhar
 Peethani Suryanarayana v.
Repaka Venkata Ramana
Kishore
 Salem Advocate Bar
Association v. Union of India
 Sampat Kumar V.
Ayyakannu & Anr
TABLE OF CASES
 Ajendraprasadji N. Pande &
Anr. V. Swami
Keshavprakeshdasji N. & Ors
 Bharat Karsondas Thakkar
V. M/s Kiran Construction Co.
& Ors
 Bhagwati Prasad vs. Shri
Chandramaul
 B.K. Narayana Pillai V.
Parmeshwaran Pillai & Anr.
 Hanuwant Singh Rawat V.
M/s Rajputana Automobiles,
Ajmer
 Kailash V. Nankhu & Ors.
 Lalita Prasad v. Gajadhar
 Peethani Suryanarayana v.
Repaka Venkata Ramana
Kishore
 Salem Advocate Bar
Association v. Union of India
 Sampat Kumar V.
Ayyakannu & Anr
 Ajendraprasadji N. Pande & Anr. V. Swami Keshavprakeshdasji N. & Ors
 Bharat Karsondas Thakkar V. M/s Kiran Construction Co. & Ors
 Bhagwati Prasad vs. Shri Chandramaul
 B.K. Narayana Pillai V. Parmeshwaran Pillai & Anr.
 Hanuwant Singh Rawat V. M/s Rajputana Automobiles, Ajmer
 Kailash V. Nankhu & Ors.
 Lalita Prasad v. Gajadhar
 Peethani Suryanarayana v. Repaka Venkata Ramana Kishore
 Salem Advocate Bar Association v. Union of India
 Sampat Kumar V. Ayyakannu & Anr.

TABLE OF STATUES

 Federal Rules of Civil Procedure.

 Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960
 Specific Relief Act,1963
 The Code of Civil Procedure, 1908
 INTRODUCTION

The system of pleading developed in the English courts of common law after the
Norman Conquest and applied in legal actions in this country until the pleading
reforms of the middle and the latter part of the nineteenth century is commonly
called common law pleading. The system of pleading developed in the English
courts of chancery and likewise applied in the equity courts in this country is
termed equity pleading. Code pleading is the term applied to the reformed system
of pleading initiated by the New York Code of 1848 and now in force in some
thirty American jurisdictions. But since it developed from the former systems and
in many respects continues various details and parts of them, it is necessary to
consider the antecedents of code pleading in the other systems.

Under Indian system of law, Pleading are covered under Order 6 of Civil
Procedure Code1. Rule 1 defines pleading, while Rule 2 lays down the fundamental
principles of pleadings. Rule 3 to Rule 13 require the parties to supply necessary
particulars. Rule 14 and 15 provide for signing and verification of pleadings. Rule
16 empowers a court to strike out unnecessary pleadings. Rule 17 and 18 contain
provisions relating to amendment of pleadings.

LEGAL ANALYSIS OF PLEADINGS

1
Code of Civil Procedure, 1908, Order VI. 
Pleadings are very important in civil cases. It is the duty of the lawyer to make a
proper pleading. Since a considerable percentage of litigants are either illiterate or
not conversant with law the duty of the lawyer of becomes more relevant facts of
the case from the client. The lawyer has to even to anticipate probable evidence
that may be let in. All the details should be comprehended, analyzed and
assimilated before drafting the pleadings. A good case may sometimes be lost
because of bad drafting.

Pleading are intended to put forth the case of the parties before court. Pleadings
constitute the basis for the litigation. By the pleadings, the point at issue between
the parties should be clear and ambiguous. The opposite party is made known of
the case of the other party by the pleadings. While drafting the pleadings there
should be no attempt to concealment of the relevant facts. Astuteness in drafting is
necessary. But it should not go to the extent of putting the opposite party to
surprise. From the pleadings, either party should be able to know what his
opponent’s case is and what case he has to meet. The parties should get a fair idea
from the pleadings as to what disputes involved in the case effectually and
completely. Proper pleadings would enable the court to raise proper issue for trial.
It would enable the parties to adduce proper evidence. It would enable the court to
decide the case effectually and completely. Proper pleadings would also avoid
delay and minimize the expenditure of litigation. It is the duty of the lawyer to
ensure that correct facts are brought before the court. He should ensure that wrong
facts, calculated to mislead the court are not pleaded. Judicial Pronouncements are
effect to the effect that without proper pleadings, any amount of evidence is of no
use and that such evidence shall not be looked into by the court.

The Rules regarding pleading are provided in the Code of Civil Procedure Code.
Certain other statues also provide for particular facts to be pleaded. For example:
Specific Relief Act, section 16(c2) and 22.3 Certain defense would be available to a
defendant, in the light of the provisions of a statute. Such defense should not be
omitted to be taken. The client would be able to supply only facts. It is the duty of
the lawyer to put forth the relevant facts in the pleadings so as to make a
foundation for a claim of defense, taken into account the relevant provision of law.
The role of the lawyer is very important in that context.

Every pleading shall contain, and contain only, a stamen in a concise form of the
material facts on which the party pleading relies for his claim or defense, nut not
the evidence by which they are to be proved. The pleading shall be divided into
paragraphs and numbered consecutively. Dates, sums and numbers shall be shown
in figures as well as in words. If the party relies on any misinterpretation, fraud or
breach of trust, willful default or undue influence, the facts constituting the same
should be specifically pleaded. The burden of proof of misinterpretation, frauds
and undue influence is on the party who alleges the same.

Any condition precedent, the performance of occurrence of which is intended to be

contested, shall be distinctly be specified in the pleadings. No pleading shall except
by way of amendment raise any new ground of claim or contain any allegation of
fact inconsistent with the previous ruling of the party pleading the same. The
provision for amendment of pleadings is contained in Rule 17 of Order VI4. It is
true that the court may allow amendment of pleadings at any stage. But after the
amendment of CPC by ACT 22 of 2002, the scope of Rule 17 is restricted.

Pleading should not be scandalous, frivolous or vexatious. It should not contain

matters which would tend to prejudice, embarrass or delay the fair trial of the suit

2
The Specific Relief Act, 1963, §16©.
3
The Specific Relief Act, 1963, §22.

4
The Code of Civil Procedure, 1908, Order VI, Rule 17.
of which is otherwise an abuse of the process of the court. The court has
jurisdiction to strike out such pleadings or portion of the same or to direct the
parties to amend the pleadings.

PRESENT LEGAL FRAMEWORK

Presumptions of law

Neither party need in any pleading allege any matter of fact which the law
presumes in his favor 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).

Rules regarding pleadings:

The rules regarding pleadings are as under:

1. A pleading must state facts and not law.

Kedar lal v. Hari Lall: Court held that parties are under duty to state facts on which
they are claiming their compensation. Court shall apply the law as per facts stated
to render judgement.5

2. It must contain only material facts on which the party pleading relies for his
claim or defense.

5
Kedar Lal v. Hari Lall, AIR 1952 Cal 176.
Union of India v. Sita Ram: Material facts will be inclusive of all those facts upon
which the plaintiff’s counsel will claim damage/rights as case may be or defendant
will put forth his defence6.

3. It must state only the facts on which the party pleading relies for his claim or
defense, and not the evidence by which they are to be proved.
4. The facts must be in the form of a concise statement but in aiming at
conciseness, precision should not be sacrificed. The pleadings, when necessary,
shall be divided into paragraphs, numbered consecutively and each allegation
being, so far as is convenient, contained in a separate paragraph. Dates, sums
and figures shall be expressed in figures.
5. Allegations in anticipation of the opponent’s answer should not be made. The
pleading should be confined to what is material at the present stage of the suit.
6. Facts necessary for the enforcement of a legal right or duty must be mentioned.
Thus in a suit for breach of contract on account of the negligence of the
defendant, it has to be stated specifically what kind of duty the defendant owed
to the plaintiff and how was he negligent.
7. Performance of a condition precedent being implied in every pleading it need
not be alleged; the opposite party must specify distinctly the conditions, the
performance or occurrence of which he intends to contest.
8. Where the contents of any documents 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.
9. Facts which the law presumes in one’s favor or as to which the burden of proof
lies upon the opponent need not be pleaded.

6
Union of India v. Sita Ram Jaiswal, 1977 AIR 329.
10.The party should not plead conclusions of law. The pious obligation of a Hindu
son to pay his father’s debts need not be pleaded. But foreign law and certain
customs and usages are not judicially taken notice by courts and must be
pleaded as facts.
11.Legal pleas such as estoppel, limitation and res-judicata may be pleaded.
12.In case where the party pleading relies on any misrepresentation, fraud, breach
of trust, willful default or undue influence, particulars shall be stated in the
plaint.

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

Particulars to be given where necessary

In all cases in which the party pleading relies on any misrepresentation, fraud,
breach of trust, willful 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 date and items if necessary) shall be stated in the
pleading.

The most challenging problem facing the administration of justice in India is the
backlog and resulting delay in criminal and civil cases at every level, from the
lower courts to the Supreme Court. One of the provisions which contribute to it is
provision related to amendment of pleadings given in Order VI, rule 17 of the
Code of Civil Procedure.

Order VI, Rule 17 of the Code of Civil Procedure deals with amendment of
pleadings. Pleadings are the case of the Plaintiff or the Defendant in Plaint and
Written Statement respectively. An amendment can be by way of altering
something, modifying something, deleting something.
 AMENDMENT OF PLEADINGS

The Court may at any stage of the proceedings allow both party to alter or amend
his pleadings 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 question 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.

Amendment and its objectives

As stated earlier, essential details have to be mentioned in the plaint and

unnecessary details have to be struck out. The paramount object behind
Amendment is that the courts should try the merits of the cases that come before
them and should consequently allow all amendments that may be necessary for
determining the real question in controversy between the parties provided it does
not cause injustice or prejudice to the other side. Ultimately, the courts exist for
doing justice between the parties and not for punishing them, and they are
empowered to grant amendments of pleadings in the larger interest of doing full
and complete justice to parties Provisions for the amendment of pleading are
contained to promote end of justice and not for defeating them. Further in the
leading case of Cropper v. Smith, the object underlying the amendment of
pleadings has been laid down by Bowen, L.J. in the following words: “I think it is
well established principle that the object of the courts is to decide the rights of the
parties and not to punish them for mistakes they make in the conduct of their cases
by deciding otherwise than in accordance with their rights”.

Guidelines for Amendment of Pleadings

1. Cause of action in a suit cannot be altered by amendment of pleadings. The
cause of action will not be allowed to be substituted in totality and the reason
being that the cause of action is the very basis of a suit. If a new/distinct cause
of action is there, the parties are always free to go to the Court with such cause
of action in an independent suit. But there can be cases where the cause of
action has got further aggravated by any further violation or some continuing
cause of action which can be joined in the present suit due to subsequent change
of circumstances. In such cases, the Court in its discretion is free to allow the
amendment as that would not be a case of substitution of cause of action.
2. The Amendment of pleadings shall be allowed to bring or to clarify all matter in
issue before the Court. The matter in issue is essential for the determination of
the suit and therefore amendment can be made. Similarly, relief also can be
amended. In such cases, if the amendment is not allowed, the bar of Res-
Judicata or as the case may be, the bar of Order II Rule 2 of the Code of Civil
Procedure, 1908 may apply. Therefore, the Court should try to bring a balance
between the injustice that might be caused to the applicant in case of refusal to
grant relief and at the same time, in case of allowing the application, the
requirement of injustice caused to the other party in the present suit.
3. If a right has already accrued in pleadings to the opposite party, then the Court
shall normally be reluctant to allow the Amendment of pleadings. However, in
such cases, if the loss that will be caused to the other party can be adequately
compensated for by cost then amendment shall be allowed.
4. When the court hears the application for Amendment of pleadings it does not go
into the merits of the case. While considering the prayer for amendment of the
pleadings, the Court cannot go into the issue of merits vis-à-vis maintainability
of the suit, but can consider only whether the amendment is necessary to
determine the real controversy between the parties.
5. If there is an undue delay in the filing of the application for amendment,
without there being sufficient cause shown to condone the delay, then the Court
may normally not allow the amendment.
6. Change of law: The law can be a change of substantive law either prospective
or retrospective. If it is a prospective change then it normally not effect cause of
action and matter in issue in the pending suit and therefore, amendment is not
needed. Whereas it is a retrospective change, amendment might be needed and
shall be allowed. If it is a change of procedural law then normally pleadings
will not be allowed to be amended but the court shall itself take note of the
change of procedural law.

Further, Order VI rule 187 of the Code of Civil Procedure, 1908 casts a duty on the
party to carry out the amendment, if allowed by the Court, within the time limited
for the said purpose by the order and if no time is thereby stated, then within 14
days from the date of the order. In case the party fails to carry out amendment
within the said period, he shall not be permitted to carry out the amendment after
the expiration of time limited, unless the time is further extended by the Court.

CONCLUSION

Pleadings provide a guide for the proper mode of trial. It basically establishes
the issues between the parties for the final decision of the court at the trial, they
manifest and exhibit their significance throughout the whole process of the
litigation. Furthermore, it even demonstrates upon which party the burden of
proof lies and who has the right to open the case. They also determine the range
off permissible evidence which the parties should adduce at the trial. Moreover,

7
The Code of Civil Procedure, 1908, Order VI, Rule18.
 lay down limit on the relief that can be granted by the court. Thus, pleadings
form an integral and the most vital part of the entire law suit.

However it should be noted, the Court may at any stage of the proceedings
permit both the parties to alter or amend his pleadings 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 question 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. This provision for amendment of the plaint is
contained in Rule 17 of Order VI. Various case laws have been discussed in this
project which specifically deal with amendment of pleadings. For example in
the case Hanuwant Singh Rawat V. M/s Rajputana Automobiles, Ajmer8 it was
held Amendment should not change the basic structure of the Suit and the same
was even held in Bharat Karsondas Thakkar V. M/s Kiran Construction Co. &
Ors9. Moreover, in the case of Sampat Kumar V. Ayyakannu & Anr10 the court
laid down the guidelines for amendment of pleadings. Furthermore, in the case
of Lalita Prasad v. Gajadhar , it was observed that a pleading must not set forth
a public statute, for the court is bound to take judicial notice of it. It should set
out only facts, and the relief sought, and not the law or the particular section of
the statute under which the claim is made. Nor should the parties plead
conclusions of law or of mixed law and fact. It is for the court to declare law
arising upon the facts before it. The parties should state only the facts on which
they rely for their claim or defence.

8
Hanuwant Singh Rawat v. M/s Rajputana Automobiles, Ajmer, (1993) 1 WLC 625.
9
Bharat Karsondas Thakkar v. M/s Kiran Construction Co. & Ors., 2008 ALL SCR 1298.
10
Sampat Kumar v. Ayyakannu & Anr, 2003(1) JCLR 873 (SC).
 BIBLIOGRAPHY

BOOKS REFERRED

 Criminal Procedure Code (Cr.P.C.) by Tandon, revised by Shailender Malik, 18th edition,reprint 2012
 Criminal Procedure Code (Theory with Q.A.) by Ashok K.Jain
 Criminal Procedure Code, 1973 (In 2 Vols.) by Durga Das Basu, 5th edition, 2014

WEBSITES REFERRED

 http://civilprocedure.uslegal.com/the-course-of-a-civil-lawsuit/the-pleadings-stage-of-acase/

 http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4226&context=fss_papers

 http://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-theapproach-of-the-
judiciary-1427-1.html

 http://www.nja.nic.in/16%20CPC.pdf