Introduction

Pleadings form the foundation for any case in the court of law. It is a
statement in writing filed by the counsel of plaintiff stating his contentions
on the case, on the basis of which the defendant shall file the written
statement defending himself and explaining why the plaintiff’s contentions
should not prevail. Sometimes the plaintiff, having filed his plaint, may,
with the leave of the court, file a statement or the court may require him to
file a written statement. In such cases, the written statement forms part of
the plaintiff’s pleadings. Similarly, there are cases in which the defendant
having filed his written statement may, with the leave of the court, file an
additional written statement or the Court may require him to do so. In such
cases the additional written statement also forms part of the defendant’s
pleadings. This is the first stage of a suit. Code of Civil Procedure (CPC) in
order 6, Rule 1 defines pleadings as a written statement or a plaint. The
plaintiff’s written statement and the defendant’s additional written
statement are termed supplemental pleadings.
Objective of pleading
The whole objective behind pleading is to narrow down on the issues and
provide a clear picture of the case thereby enhancing and expediting the
court proceedings. The pleadings help both the parties know their point of
dispute and where both parties differ so as to bring forth the relevant
arguments and evidence in the court of law.

The Supreme Court on 25th March, 1972 while disposing a case praying for
certain amendments in an election petition, observed that rules of
pleadings are intended towards giving justice and to act as aids for fair trial.

The four words which can crisply summarise the rule of pleading is ‘Plead
facts not law’. The counsel of both the parties should only project the facts
in their respective case rather than suggesting on the laws applicable in the
particular case.

To gain a crystal clear understanding of the same, the rules can be studied
in two parts that is:

1) Basic or Fundamental Rules

2) Particulars or other rules

Basic or Fundamental Rules
Basic or Fundamental Rules are discussed in the sub-rule (1) of Rule 2
of Order VI of the Code of Civil Procedure, 1908. Summarising the
provision, the basic rules of pleadings are the following:
Facts should be pleaded upon and not the law
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 are claiming
their compensation. The court shall apply the law as per the stated facts to
render the judgement. One should not assert or apply any laws for claiming
right on the stated facts.
Material facts should be pleaded
The second basic rule is to present facts which are material only.
Immaterial facts shall not be considered. The question arose in the court of
law that what is the actual scope of ‘material facts’. It was decided by the
judge in the case Union of India v. Sita Ram 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’.
Evidence should not be included while pleading
It says that pleadings should contain a statement of material facts on which
the party relies but not the evidence by which those facts are to be proved.

There are two types of facts :

 Facts probanda : the facts which need to be proved, i.e material facts
 Facts probantia: facts by which a case is to be proved, i.e evidence
Only facts probanda should form the part of pleadings and not facts
probantia. The material facts on which the plaintiff relies for his claim or
the defendant relies for his defence are called facta probanda, and they
must be stated in the plaint or in the written statement, as the case may be.
Facts in concise manner should be presented
This is the last and final basic rule of pleadings. Compressed and crisp
presentation must be adhered while presenting the pleadings. At the same
time it must be kept in mind that in order to maintain brevity of facts one
should not miss out on important facts in the pleadings. Pleadings can be
saved from superfluity if one takes care in syntax.
Particulars or other rules
1. Particulars with dates and items should be stated wherever fraud,
misrepresentation, breach of trust, undue influence or wilful
default are pleaded in the pleadings.
 2. Generally departure from pleading is not permissible,
3. Non-performance of a condition precedent should be specifically
mentioned in the pleadings. Performance of the same shall not form a
part of the pleadings since it is already implied.
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.
5. 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.
6. Unless the facts are material, there is no need for the facts to be
stated in verbatim.
7. Pleadings should only state the giving of a notice, when it is required
to give a notice or condition precedent, without disclosing the form or
manner of such notice or giving details of any circumstances from
which the form of notice can be determined, unless the same is
material.
8. Implied relations between persons or contracts can be alleged as facts
and the series of conversations, letters and the circumstances from
which they are to be inferred should be pleaded generally.
9. The facts which deals with onus of proof or which favours a party
shall not be pleaded.
10.Every pleading should be signed by the party or one of the parties or
by his pleader.
11. A party to the suit shall provide with his and the opposite party’s
address.
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.
13.A pleading may be ordered to be strike out by a court of law, if it feels
the same is scandalous, frivolous, unnecessary or intended towards
embarrassing, prejudicing or delaying a fair trial in the court.
14.Amendment of pleadings shall be allowed by the court
15. The pleadings shall be divided in proper paragraphs whenever
required, consecutively numbered and structured properly. Every
argument or allegations must be in separate paragraphs. Dates, sums
and any totals shall be expressed in figures as well as in words so as
to maintain clarity for the judge as well as the parties concerned in
the trial.
16.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.
Amendment of Pleadings
Amendment is the formal revision or addition or alteration or modification of the pleadings. Provisions for
the amendment of pleadings are intended for promoting the ends of justice and not for defeating them.
Rules 17 and 18 of Order VI of Code of Civil Procedure, 1908 deals with provisions regarding amendment
of pleadings and failure to amend after order respectively. Rule 17 of the Code of Civil Procedure, 1908
provides that, “The Court may at any stage of the proceedings allow either 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 questions in controversy between the parties.

Proviso to the Rule 17 of Order VI of Code of Civil Procedure, 1908 as inserted by the Code of Civil
Procedure (Amendment) Act, 2002 restricts and curtails power of the Court to allow amendment in
pleadings by enacting that no application for amendment should 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 of pleadings when granted:- Amendment of pleadings can be granted by the Court in two
situations namely, (i) where the amendment is necessary for the determination of the real question in
controversy; and (ii) can the amendment be allowed without injustice to the other side.

Amendment of pleadings when refused:- Amendment of pleadings can be refused in many circumstances.

Following are the situations or circumstances when amendment of pleadings can be refused by the Court:-
(32)
(1) When the proposed amendment is unnecessary.
(2) When the proposed amendment causes an injury to the opposite party which cannot be compensated for
by costs.
(3) When the proposed amendment changes the nature of the case.
(4) When the application for amendment is not made in good faith.
(5) When there has been an excessive delay in filing the amendment application.

Failure to amend:- Rule 18 of Order VI of Code of Civil Procedure, 1908 deals with this issue. It
provides that if a party who has obtained an order for leave to amend does not amend accordingly within
the time limited for that purpose by the order, or if no time is thereby limited then within 14 days from the
date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid
or of such 14 days, as the case may be, unless the time is extended by the Court.

Conclusion
Pleadings are the backbone of legal profession. It is the foundation stone on which case of a party stands.
The case of a party must be set out in the pleadings. Pleadings do not only define the issues between the
parties for the final decision of the court at the trial, they manifest and exert their importance throughout
the whole process of the litigation. Pleadings provide a guide for the proper mode of trial. They
demonstrate upon which party the burden of proof lies, and who has the right to open the case. They also
determine the range of admissible evidence which the parties should adduce at the trial. They also lay
down limit on the relief that can be granted by the Court.
Four fundamental rules of pleading are;

(1) Pleadings should state facts and not law;

(2) The facts stated in pleadings should be material facts;

(3) Pleadings should not state the evidence; and

(4) The facts in pleadings should be stated in a concise form.

The main points to be considered before a party is allowed to amend his pleading are: firstly, whether the
amendment is necessary for the determination of the real question in controversy; and secondly, can the
amendment be allowed without injustice to the other side.