PLEADING: RULES AND AMMENDMENTS

What is Pleading?

Order-6 Rule-1 of the Civil Procedure Code define Pleading as plaint or

written statement. However, the word “plaint” and “written statement”
is undefined in the code.

Pleadings are formal written statements filed by the parties to a lawsuit,

outlining their respective claims, defences and responses. Pleadings form
the foundation for any case in the court of law.

According to Cornell Law School, the pleading is the beginning stage of

the lawsuit.

Objectives of Pleading

1. To determine the actual issues between the parties.

2. To state the issues to avoid surprise to the other party.

3. To narrow down the area of conflict.

4. To state the facts which need to be proved at the trial.

Importance of Pleading

1. Pleading determines the burden of proof.

2. It helps the court in the final decision of the case.

3. Pleading enables the court to decide the right of the parties in the trial.

4. Pleading enables the opposite party to know the case.

Rules of Pleading

A. Basic or Fundamental (Rule-2 of Order-6)

B. Particular or Other (Rule-4 to 18 of Order-6)

A. BASIC OR FUNDAMENTAL

1. Pleading should state the facts.

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
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 are claiming their compensation. The court shall apply the law as
per the stated facts to render the judgement.

2. Material facts should be pleaded

The second basic rule is to present facts which are material only.
Immaterial facts shall not be considered. In the case Union of India
v. Sita Ram it was held 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’.

3. Pleading should not state the evidence.

The third rule of pleading is that the pleading should not state the
evidence with which the material facts are to be proved. Facts are of
two types:

3.1. Facta probanda: the facts which need to be proved.

3.2. Facta probantia: the fact through which material facts are
proved.

Facta probanda should be pleaded in the pleadings and not the

facta probantia.

4. The facts stated in the pleading should be in a concise form.

The last fundamental rule of pleading is that the pleading should be

in a concise form. Unnecessary and irrelevant details should not be
added to the pleading. Instead, pleading should be precise, clear
and specific.

B. PARTICULAR OR OTHER

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

misrepresentations, fraud, breach of trust, wilful default or undue
influence are pleaded in the pleadings. (Rule 4 of Order VI of the
CPC, 1908).

2. Non-performance of a condition precedent, however, must be

specifically and expressly pleaded. (Rule 6 of Order VI of the CPC,
1908).
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3. 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 (Rule 7 of Order VI of the CPC, 1908).

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. (Rule 8 of Order VI of the CPC, 1908).

5. Unless the facts are material, there is no need for the facts to be
stated in verbatim. (Rule 9 of Order VI of the CPC, 1908).

6. 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 (Rule 10 of Order VI of the CPC,
1908).

7. Pleadings should only state regarding giving of such notice,

without setting out the form or precise term of such notice or the
circumstances from which it is to be inferred, unless they are
material. (Rule 11 of Order VI of CPC, 1908).

8. Implied contracts or relations between persons may be alleged as

a fact, and the series of letters, conversations and the
circumstances from which they are to be inferred should be
pleaded generally. (Rule 12 of Order VI of CPC, 1908).

9. The facts which deals with onus of proof or which favours a party
shall not be pleaded. (Rule 13 of Order VI of CPC, 1908).

10. Every pleading should be signed by the party or one of the parties
or by his pleader. (Rule 14 of Order VI of CPC, 1908).

11. A party to the suit should provide self as well as address of the
opposite party. (Rule 14-A of Order VI of Civil Procedure Code,
1908).

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 (Rule 15 of Order VI of CPC, 1908).

13. A Court may order striking out a pleading if it is unnecessary,

scandalous, playful and troublesome or tends to prejudice,

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 embarrass or delay fair trial of the suit. (Rule 16 of Order VI of
CPC, 1908).

14. A Court may allow amendment of pleadings. (Rule 17 of Order VI

of CPC, 1908).

15. 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. (Rule 3 of Order VI of CPC, 1908).

Meaning of Amendment of Pleadings

Order 6, Rule 17 of the Code of Civil Procedure deals with amending

pleadings. Amendment of pleadings means making changes to the
formal written statements submitted by parties in a court case.

According to the Code of Civil Procedure (CPC), parties can make these
changes during a trial with the court’s permission. The purpose of
amending pleadings is to make sure that the real issues in the case are
addressed and justice is served. However, there are conditions for making
these changes, such as not causing harm to the other party and following
the time limits set by the court.

Importance of Amendment of Pleadings

1. Ensuring Justice: Amendment of pleadings helps ensure that justice

is served. It allows parties to correct errors or omissions in their
defence, making their case presentation more effective. It also helps
address new issues that may arise during the trial, ensuring that the
real matters in dispute are properly addressed.

2. Resolving Disputes: Amendments to pleadings help parties identify

and resolve key issues in a dispute more effectively. This leads to more
accurate and fair dispute resolution, saving time, reducing the need for
additional evidence or hearings and promoting settlements between
parties.

3. Avoiding Delays: Allowing parties to amend their pleadings before

the trial begins helps prevent delays. By addressing problems or
omissions early on, the risk of delays due to introducing new evidence
or arguments is reduced. This speeds up case resolution, lightens the
burden on the justice system and improves efficiency.

4. Promoting Fairness: Amending pleadings promotes fairness in the

justice system. It prevents one party from gaining an unfair advantage

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 over the other by allowing both sides an equal opportunity to present
their case.

5. Good Faith: The requested amendment must be made in good faith.

The court considers whether the party seeking the change has a
legitimate reason and isn’t attempting to deceive the court or gain an
unfair advantage.

6. Compliance with Time Limits: Proposed amendments must adhere

to any court-imposed deadlines. Parties must file these changes within
the timeframes specified by the court for pleading submissions.

Conditions which Court grant for Amending Pleadings in CPC

1. Avoiding Multiplicity of Suits: When the amendment serves to

avoid the need for multiple separate lawsuits.

2. Correcting Wrongful Descriptions: If parties in the plaint or written

statements have been wrongly described, amendments can be made
to correct these errors.

3. Adding Omitted Properties: If the plaintiff forgets to include certain

properties in the plaint, they can amend the pleadings to include them.

Conditions when Court refused amendment of Pleadings

1. Not Necessary for Determining Controversy: If the amendment

is not essential for resolving the core dispute between the parties.

2. Introduction of completely new case: If the proposed amendment

completely changes the case’s essence and introduces an entirely
new set of facts or claims.

3. Negligence: If the plaintiff or defendant has been negligent in

seeking the amendment.

4. Unjust Alteration or Modification: If the proposed changes are

deemed unfair or unjust.

5. Violation of Legal Rights or Injustice: If the amendment violates

the legal rights of the other party or results in injustice.

6. Needless Complications: When the amendment would

unnecessarily complicate the case.

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7. Excessive Delay: If there has been undue delay in filing the suit or
requesting the amendment.

8. Change in Nature of Disputes: If the proposed amendment

significantly alters the nature of the disputes in the case.

9. Mala Fide Intention: When the amendment is sought with a

malicious or wrongful intention.

10. Missed Opportunities: If parties had ample opportunities to request

amendments but failed to do so.

Step by Step Procedure for Filing an Application for Amendment

of Pleadings

1. Step 1: The party (Plaintiff or Defendant) wishing to make

amendments in their pleadings must prepare an application for the
amendment of pleadings.

2. Step 2: Present the application before the relevant civil judge.

3. Step 3: Pay the necessary court fee as per the Court Fees Act of 1870
for processing the application.

4. Step 4: In the application, clearly state the purpose and reasons for
seeking the amendment.

5. Step 5: The judge will review the application. If the judge deems that
the proposed amendment is essential for determining the real issues in
dispute between the parties, permission for the amendment will be
granted.

6. Step 6: Upon receiving the court’s approval, the applicant must file
the newly amended pleadings within the time frame specified by the
court. If the court does not specify a time limit, the amended pleadings
should be filed within 14 days from the date of receiving the court’s
order.

7. Step 7: Provide a copy of the amended pleadings to the opposing

party. This ensures that both sides are aware of the changes made to
the pleadings.

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