Pleading: Meaning, Basic Rules, and Important Amendments

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.

A plaintiff's pleading is his plaint, a statement of claim in which the plaintiff sets out his cause of action with all necessary particulars, and a defendant's pleading is his written statement, a defence in which defendant deals with every material fact alleged by the plaintiff in the Plaint and also states any new facts which are in his favour.

Object of the Pleading

• to give each side intimation of the case of the other,
• to enable the court to determine what is really the issue between the parties.

Fundamental/Basic Rules of Pleadings : Order VI, Rule 2

1. Pleadings should state facts and not law

It is the duty of the parties to state only the facts on which they rely upon for their claims. It is for the court to apply the law to the facts pleaded.

For example, in a suit to render the contract void for the want of free consent. Law governing the free consent under the Indian Contract Act need not be pleaded.

2. The facts stated should be material facts

The phrase 'material facts' may be said to be those facts upon which a party relies for his claim or defence. Whether a particular fact is or is not a material fact which is required to be pleaded by a party depends on the facts and circumstances of each case.

3. Factum probandum should be pleaded and not factum probantia

Factum probanda means the principal fact required to be proved (material facts) and not Factum Probantia i.e evidence or means by which principal fact is to be proved.

In Borrodaile v. Hunter, A was insured with an insurance company. One of the terms of the policy was that the policy would be void if the insured committed suicide. A actually committed suicide by shooting himself with a pistol and thereupon an action was brought against the company on the policy. The company should only plead that A committed suicide. This is facta probanda. Other facts, that A was melancholy for weeks, that he bought a pistol a day before his death, shot himself with the said pistol and that a letter was found with him addressed to his wife stating that he intended to kill himself - all these facts are facta probantia and they need not be pleaded.

4. Facts pleaded must be precise and concise

Pleadings should be drafted with sufficient brevity and precision. The material should be stated precisely succinctly and coherently. Furthermore, they should be definitely stated as facts, and should not be left to be inferred from vague or ambiguous expressions.

Other Rules of Pleadings :

Other rules of Pleadings have been laid down in Rules 4 to 18 of Order 6. Few important rules among them are summarised as below :

1. The performance of a condition precedent need not be pleaded since it is implied in the pleadings. Non-performance of a condition precedent, however, must be specifically and expressly pleaded.
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. 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 fact without setting out the circumstances from which it is to be inferred.
4. Facts which the law presumes in favour of a party or as to which the burden of proof lies upon the other side need not be pleaded.
5. A court may order striking out a pleading if it is scandalous, frivolous, vexatious or tends to prejudice, embarrass or delay fair trial of the suit.
6. Every pleading should be divided into consecutively numbered paragraphs. Each allegation or averment should be stated in a separate paragraph.

Alternate Pleadings

Alternative means the one or the other of two things. A party to litigation may include in his pleadings two or more set of facts and claim relief in the alternative.

Example 1 - A filed a suit against B for specific performance of Contract or in alternative, a prayer for damages or compensation.

Example 2 - A husband in a petition for restitution of conjugal rights in an alternative made a prayer for divorce.

Such alternative pleadings are allowed in order to avoid multiplicity of suits.

Inconsistent Pleadings

Inconsistent means mutually repugnant, contradictory or irreconcilable. One is contrary to the other. Both,therefore, cannot stand.

Inconsistent pleas can also be raised as there is nothing in the code which prevents raising such pleas. However the courts rarely allows such plea. Inconsistent pleadings are always looked through suspicion.

In Damomal v UOI, respondent contended that the petition should be dismissed on the ground of delay and in the alternative it was contended that the petition should be dismissed as it is premature.These pleas were held to be mutually destructive and were not allowed.

Illustration : A files a suit against B for declaring the contract as void and in alternative claimed specific performance of contract. Both the pleas are absolutely contradictory to each other and hence are not allowed.

Pleadings Must Be Signed (Order VI, Rule 14)

Every pleading shall be signed by the party and his pleader (if any). In case due to sufficient reasons party is unable to sign the pleading, it may be signed by any person duly authorized by him.

Verification of Pleadings (Order VI, Rule 15)

Every pleading shall be verified at the foot by the party or by one of the parties pleading. It can also verified by some other person who is acquainted with the facts of the case.

Duties of Person Verifying the Pleading :

• The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
• The verification shall be signed by the person making it and shall state the date and place at which it was signed.
• The person verifying the pleading shall also furnish an affidavit in support of his pleadings.

Amendment of Pleadings

Pleadings form the foundation of any legal case, as they set out the material facts and necessary particulars on which a party bases its claim or defense. However, litigation is a dynamic process, and new facts or circumstances may emerge before or during the trial. In such situations, a party may find it necessary to amend its pleadings to ensure that the real issues in dispute are properly presented before the court.

Amendments may be required for various reasons—new evidence might come to light, responses to interrogatories may reveal crucial information, or an opponent may raise valid objections to the existing pleadings. Allowing amendments helps in achieving justice by enabling parties to present their complete case without being restricted by technicalities. However, amendments must be made in good faith and should not cause undue delay or prejudice to the other party.

The law governing the amendment of pleadings strikes a balance between flexibility and fairness. It ensures that while parties have the opportunity to correct or improve their pleadings, such changes do not unfairly disadvantage the opposing party. Understanding the principles and procedures of amendment of pleadings is, therefore, essential for ensuring a fair trial and the proper adjudication of disputes.

Object of the Amendment of Pleading

The amendment of pleadings serves several important purposes in the legal process. The key objectives are:

1. To Present the Real Issues – Ensuring that the actual disputes between the parties are properly framed, allowing the court to adjudicate effectively.
2. To Prevent Injustice – Allowing amendments helps avoid technical defects that might otherwise prevent a fair trial.
3. To Accommodate New Facts or Evidence – If new information, documents, or admissions emerge during the proceedings, amendments allow parties to include them in their pleadings.
4. To Correct Errors or Defects – Mistakes in pleadings, such as typographical errors, incorrect descriptions, or omissions, can be rectified through amendments.
5. To Avoid Multiplicity of Litigation – By permitting amendments, the court ensures that all necessary claims and defenses are raised in the same suit, preventing the need for separate legal proceedings.

When and on What Grounds Amendment of Pleadings Is Allowed (Order Vi, Rule 170)

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

While allowing such amendments the court must ensure it is necessary for the purpose of determining the real questions in controversy between the parties.

Proviso added through 2002 amendment included an additional consideration which courts must take into account while allowing amendment of pleadings once the trial commences i.e the party seeking amendment must also satisfy the court that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

When Leave to Amend May Be Granted

The rule stated in Order VI, Rule 17 confers a very wide discretion on courts in the matter of amendment of pleadings which must be exercised judiciously.

In Kisandas v. Rachappa Vithoba, court observed that before allowing amendment following two conditions must be satisfied :

• such amendment is necessary for the purpose of determining the real questions in controversy between the parties, and
• no injustice is caused to the other party.

When Leave to Amend May Be Refused

In Ganga Bai v Vijay Kumar (1974), the SC observed that - "The power to allow an amendment is undoubtedly wide and may at any stage be appropriately exercised in the interest of justice”. But the exercise of such far-reaching discretionary powers is governed by judicial considerations, and wider the discretion, greater ought to be the care and circumspection on the part of the court".

In the following cases, leave to amend will be refused by the court:

• where the amendment is not for the purpose of determining the real question in controversy between the parties,
• if it introduces a totally different, new and inconsistent case or changes the fundamental character of the suit,
• where the effect of the proposed amendment is to take away from the other side a legal right accrued in his favour.

Failure to Amend

If a party, who has obtained an order for leave to amend, does not amend accordingly within the time specified for that purpose in the order or if no time is specified then, within 14 days from the date of the order, he shall not be permitted to amend after expiry of the specified time or of 14 days unless the time is extended by the court.

 

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