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Rules of Plaint

The document discusses the rules and procedures related to pleadings in civil suits under the Civil Procedure Code of India. It covers topics like institution of suits, contents of plaint and written statement, amendments to pleadings, and production of documents. Pleadings must contain material facts and not evidence. Various particulars like dates, sums, notices, implied contracts must be stated. The document provides detailed guidelines on the format and contents of pleadings in civil suits.

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nandhana madhu
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31 views8 pages

Rules of Plaint

The document discusses the rules and procedures related to pleadings in civil suits under the Civil Procedure Code of India. It covers topics like institution of suits, contents of plaint and written statement, amendments to pleadings, and production of documents. Pleadings must contain material facts and not evidence. Various particulars like dates, sums, notices, implied contracts must be stated. The document provides detailed guidelines on the format and contents of pleadings in civil suits.

Uploaded by

nandhana madhu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Drafting, Pleading and Conveyance

By Dr. Deepak Kaushik


Section 26 Institution of suits
• Every suit shall be instituted by the presentation of a plaint
• In every plaint, facts shall be proved by affidavit

Order VI Pleadings Generally


• Pleading” shall mean plaint or written statement.
• Rules of Pleadings.

Order VII Plaint


• Specific Rules of Plaint
• Contents of Plaint

Order IV Institution of suits


• Every suit shall be instituted by presenting plaint in duplicate to the Court
• Plaint shall comply with the rules of Orders VI and VII
• Register of civil suits

Order VIII Written statement, set-off and counter-claim


• Specific Rules of Written Statement
• Contents and Averments of WS
• Set-off & Counter-claim
1. Pleading to state material facts and not evidence.
i. Every pleading shall contain only, a statement in a concise form of the material facts on which the party pleading relies for his
claim or defence, but not the evidence
ii. Every pleading be divided into paragraphs, numbered consecutively and each allegation contained in a separate paragraph.
iii. Dates, sums and numbers in figures as well as in words.

2. Forms of pleading: Appendix A (Refer p232)


3. Particulars to be given where necessary: Party relies on any misrepresentation, fraud, breach of trust, wilful default, or undue
influence, particulars (with dates and items) shall be stated in the pleading.
4. Condition precedent: Any condition precedent, the performance or occurrence intended to be contested, shall be distinctly
specified, and its averment.
5. Departure: No pleading shall raise any new ground of claim or contain any allegation of fact inconsistent with the previous
pleadings, except by way of amendment.
6. Denial of contract: A bare denial of contract alleged by the opposite party shall be construed only as a denial in fact of the express
contract alleged or of the matters of fact and not as a denial of the legality or sufficiency in law.
7. Effect of document to be stated: Contents of any document are material, state the effect thereof as briefly as possible, without
setting out the whole or any part, unless the precise words are material.
8. Malice, knowledge, etc: Material to allege malice, fraudulent intention, knowledge or other condition of the mind, allege the same
as a fact without setting out the circumstances.
9. Notice: Material to allege notice to any person of any fact, matter or thing, allege such notice as a fact, unless the form or the precise terms
of such notice, or the circumstances from which such notice is to be inferred, are material.

10. Implied contract, or relation.—any contract or relation is to be implied from a series of letters or conversations or a number of
circumstances, allege such contract or relation as a fact and refer generally to such letters, conversations or circumstances without setting
them out in detail.

11. Presumptions of law.—Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which
the burden of proof lies upon the other side unless the same has first been specifically denied.

12. Pleading to be signed.—Every pleading shall be signed by the party and his pleader or by any person duly authorized by him.

13. Verification of pleadings.—


i. Every pleading shall be verified at the foot by the party, proved to the satisfaction of the Court to be acquainted with the facts of the
case.
ii. 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.
iii. The verification shall be signed by the person making it with date and place.
iv. Furnish an affidavit in support of his pleadings.

14. Amendment of pleadings.—


i. The Court may at any stage of the proceedings allow either party to alter or amend his pleadings which is just and necessary for the
purpose of determining the real questions in controversy between the parties.
ii. No application for amendment shall be allowed after the trial has commenced, unless the Court thinks that in spite of due diligence,
the party could not have raised it.
Particulars to be contained in plaint:
i. Name of the Court in which the suit is brought.
ii. Name, description and place of residence of the plaintiff.
iii. Name, description and place of residence of the defendant, so far as they can be
ascertained.
iv. If plaintiff or the defendant is a minor or a person of unsound mind, a statement to that
effect.
v. Facts constituting the cause of action and when it arose.
vi. Facts showing that the Court has jurisdiction.
vii. Relief which the plaintiff claims.
viii. If plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so
allowed, or relinquished.
ix. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction
and of court-fees.
1. In money suits: In Plaint for recovery of money, It shall state the precise amount claimed. But if it for mesne profits, or unsettled accounts or
for movables or for debts whose values cannot be estimate, it shall state approximately the amount or value sued for.
2. Where interest is sought in the suit: If plaintiff seeks interest, the plaint shall contain a statement to that effect along with
i. rate at which interest is claimed;
ii. date from which it is claimed;
iii. date to which it is calculated;
iv. total amount of interest claimed to the date of calculation; and
v. daily rate at which interest accrues after that date.

3. Subject-matter of the suit is immovable property: The plaint shall contain a description of the property sufficient to identify it, with
boundaries or numbers in the record of settlement or survey (Khasra-Katauni).
4. Plaintiff sues as representative: If plaintiff sues in a representative character the plaint shall show not only that he has an actual existing
interest in the subject-matter, but that he has taken the steps necessary to enable him to institute a suit.
5. Defendant’s interest and liability to be shown: The plaint shall show that the defendant is or claims to be interested in the subject-matter,
and that he is liable to be called upon to answer the plaintiff’s demand.
6. Grounds of exemption from limitation law: If suit is instituted after the expiration of the period prescribed by the law of limitation, the
plaint shall show the ground upon which exemption from such law is claimed.
7. Relief to be specifically stated: Plaint shall state specifically the relief which the plaintiff claims either simply or in alternative.
8. Relief founded on separate grounds: If plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate
and distinct grounds, they shall be stated as far as may be separately and distinctly. (Joinder of COA)
9. Production of document on which plaintiff sues or relies: The plaintiff sues upon a document or relies upon document in his possession
or power to support his claim - mention such documents in a list and shall produce with plaint. (Annexures). If such document is not in the
possession or power of the plaintiff, he shall state in whose possession or power it is.

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