Bailabel Type : bailable

Description

Order 6 of the Civil Procedure Code (CPC) outlines the rules and requirements for pleadings in civil suits. Pleadings are formal written statements filed by the parties involved in a lawsuit, detailing their claims, defenses, and other legal grounds. Order 6 governs the process of drafting and presenting pleadings in court, ensuring that the parties follow certain formalities to maintain clarity and fairness in legal proceedings.

Key Provisions of Order 6 - Pleadings Generally

Order 6 is aimed at providing a standardized approach to the filing of pleadings, which must be clear, concise, and based on fact and law. It sets out the rules on how a party should present their case to the court, the format for pleadings, and how they should be amended if necessary.

Rule 1: Pleadings to be in Writing

• Written Pleadings:
  All pleadings, including the plaint (filed by the plaintiff) and the written statement (filed by the defendant), must be in writing. Oral arguments are not sufficient in a civil suit.

• Contents of Pleadings:
  Pleadings must contain a clear and detailed statement of the facts and the legal grounds upon which the party's case is based. The details should be enough to allow the other party to understand the nature of the case and prepare a response.

Rule 2: Pleadings to Be Signed

• Signature Requirement:
  Every pleading must be signed by the party or their pleader (lawyer), who is representing them. If the party is not present, their authorized agent may sign on their behalf.

• Verification:
  The pleading must also be verified by the party filing it (or by their pleader or agent), indicating that the facts stated in the pleading are true to the best of their knowledge.

Rule 3: Pleading Must Be Clear and Concise

• Clarity in Pleadings:
  The pleading must be expressed in a clear, concise, and intelligible manner. The facts should be stated in numbered paragraphs, with each paragraph addressing a distinct point. Irrelevant details should be excluded to avoid confusion.

• Avoidance of General Statements:
  General or vague statements like "the defendant is liable for damages" or "the plaintiff is entitled to relief" should be avoided. Pleadings must focus on specific facts and legal grounds.

Rule 4: Particulars of Pleadings

• Details and Specificity:
  Pleadings must contain particular details about the facts that are relied upon to establish the cause of action or defense. These particulars may include dates, events, parties involved, and other relevant details. A failure to provide such details may render the pleading vague and insufficient.

Rule 5: Pleadings Must Not Be Vague or General

• Avoid General Allegations:
  Pleadings should not be vague or based on generalities. For instance, a vague allegation like "the defendant caused financial harm to the plaintiff" is insufficient. The plaintiff must provide specific facts, such as how the defendant caused the harm, the amount of damage, and how it was done.

Rule 6: What the Pleading Must Contain

• Particulars to Be Mentioned:
  A pleading should set forth facts necessary to establish the claim. For example:
  • Plaint (for the plaintiff) should set out facts that show the defendant's liability.
  • Written Statement (for the defendant) should set out facts denying or disputing the plaintiff’s allegations.

Rule 7: Facts Must Be Proved

• Proof of Facts:
  Facts stated in the pleadings must be provable by evidence. In other words, a party must provide evidence to back up the facts claimed in their pleading. If a party does not provide evidence, the court is likely to disregard the claim.

Rule 8: Denial of Facts

• Specific Denials:
  If the defendant disputes the plaintiff's claim, the defendant must specifically deny each fact alleged by the plaintiff. A general denial is not sufficient. If a fact is not denied, it will be presumed to be admitted.

• Implied Denials:
  If the defendant does not address a fact, the court may presume it to be true. If the defendant fails to deny a particular fact, the court will treat it as being admitted.

Rule 9: Striking out Pleadings

• Improper Pleadings:
  If a pleading is found to be irrelevant, frivolous, or abusive, the court may strike it out. This is done to ensure that the legal process is not misused to cause delays or harassment.

• Failure to Plead:
  If a party fails to file a pleading when required, the court may take action, which may include passing judgment against the party or dismissing their case.

Rule 10: Amendment of Pleadings

• Amendment of Pleadings:
  A party may amend their pleadings at any time before the case is decided, as long as the amendment does not cause injustice to the other party. Amendments are typically allowed if there is a need to correct errors, add new facts, or clarify existing ones.

• Court Permission:
  A party seeking to amend their pleading must file an application with the court and may need the court's permission. The court will assess whether the amendment is necessary and whether it will affect the fairness of the case.

Punishment

Striking out Pleadings:
If a party files false, misleading, or irrelevant pleadings, the court can strike out the pleading and impose costs on the party.

Contempt of Court:
If a party intentionally submits false pleadings with the intention of misleading the court, they could be liable for contempt of court.