Overview of Fundamental Rules of Pleading Code of Civil Procedure, 1908, Civil Law in India
Keywords:
Pleading, fundamental rules of pleading, other rules of pleading, case laws, suggestion, litigation, compliance, ambiguity, provisions, Code of Civil ProcedureAbstract
Litigation before court is initiated as well as responded by oral submission and written submission. The parties of case shall have to produce documents either for claim or response (or defense) in proper format and in compliance of provisions for the time being in force. Pleading is written document, which is filed by each party of the case. It may be either for claiming relief by one party or, it may be for taking defense by other party. The principles of pleading shall have to be complied with. There are four fundamental rules of pleading. Pleadings should state facts and not law, which means provisions of law or conclusion of laws should not be mentioned. The facts stated in pleadings should be material facts, which means only facts, on which cause of action or defense depends, should be mentioned. Pleadings should not state the evidence, which means facts or evidence to prove material facts needs not be mentioned. And lastly, the facts in pleadings should be stated in a concise form that could be obtained by omitting unnecessary facts or detail and without presence of ambiguity and weakness. However, there are also ‘other rules of pleading’, which make ‘the role of fundamental rule of pleading’ to be complete. The entire rules of pleading including plaint and written statement shall have to be complied with under Order VI, Order VII and Order VIII of Code of Civil Procedure, 1909.
References
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2. Chaturvedi RN. Pleadings, Drafting & Conveyancing. 5th Edn. Allah abad: Central Law Publications; at 1 (2018).
3. Ibid, at 291
4. Section 2(14), Indian Stamp Act, 1899,
5. Supra 2, at 4.
6. Order VI, Rule 1, t he Code of Civil Procedure, 1908,
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8. Order VI, Rule 2 (1), the Code of Civil Procedure, 1908.
9. AIR 1952 SC 47 at p. 51: 1952 SCR 179.
10. AIR 1943 PC 147: 209 IC 192.
11. 11. 4 SCC 505: AIR 1977 SC 329, 1976.
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13. Union of India v. Sita Ram, (1976) 4 SCC 505: AIR 1977 SC 329.
14. ‘Material facts’ are primary basic facts and ‘particulars’ are details in support of material facts. Available at: https://blog. scconline.com/post/2017/10/30/material- facts-primary-basic-facts-particulars- details-support-material-facts/, last seen on 15/01/2020
15. Bismark Nana. What is meant by Pleadings and what are its Essential Attributes. Available at: http://www. shareyouressays.com/knowledge/what-is- meant-by-pleadings-and-what-are-its- essential-attributes/119348, last seen on 15/01/2020
16. AIR 1957 SC 133.
17. Supra, at Order VI, Rule 2(1).
18. AIR 1997 SC 363.
19. Supra 2, at 14. AUTHORS PROFILE Brij Bihari Prasad is currently pursuing B. Com , LL.B., 5 th Year 2019 -20 in Faculty of Law, Dr. Shakuntala Mishra National Rehabilitation University, Lucknow. He has passion to do legal socio - economic research and extracurricular activities. He contributes his intellectual efforts to make more ease understanding of each aspect of law and elaborate in short and complete words on any legal topic. He has participated in XII Amity National Moot Court Competition, 2019 and National Workshop on ‘Basics of Advocacy Skill & Client Counselling’. His several articles have been published in journals and online websites. He has a lso participated in debate on ‘Digitalization as a tool to combat against corruption’ 2018 and, Quiz on ‘My Government Quiz Mann Ki Baat’ and “Quiz on Entrepreneurship’. He has done internship at Goswami & Associates, Advocate & Solicitors, Lucknow bench o f Allahabad High Court, 2017 and at District and Session Judge, Rohtas, 2018. He has interest in Criminal Law, Civil Law and Constitutional Law. His aim is to become a well experienced law teacher. Cite this Article Brij Bihari Prasad . Overview of Fundamental Rules of Pleading Code of Civil Procedure, 1908, Civil Law in India. Journal of Human Rights Law and Practice. 2020; 3(1): 1–9p.
