Describe the fundamental rules of pleadings. Discuss them in detail.

Question: Describe the fundamental rules of pleadings. Discuss them in detail.

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Answer

Order VI of the Code of Civil Procedure (CPC) outlines the fundamental rules of pleadings, which are crucial in shaping the framework of a civil lawsuit. Pleadings refer to the written statements or documents submitted by the parties involved in a case to define their respective claims, defenses, or responses. Order VI of the Code lays down the four fundamental rules of pleading. They are:

• Every pleading must state material facts on which the party relies (facta probanda). Unnecessary facts must not be stated. The facts so pleaded will be validated through laws by the court.
• A pleading must state facts and not law. A question of law need not be pleaded, but a question of fact should be pleaded. In case the question is one where facts and laws are mixed, that question needs to be specifically pleaded.
• The pleading must not contain any evidence of the facts presented. Once the issues (facta probantia) are settled, only then will the facts be authenticated through evidence. Also, only material facts should be stated. Material facts are those which must be proved by a party to a trial to establish the cause of action or defence.
• All material facts need to be stated concisely. To be concise is to mean that the facts presented must be to the point and not vague or implied. Every fact should be stated separately, and the pleading must be in paragraphs, with numbers. Dates, figures and amounts should be mentioned in digits as well as in words.

Rule 2 Order VI of Code of Civil Procedure 1908 "Pleading to state material facts and not evidence"

(1) Every pleading shall contain and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved.

(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.

(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.

Rule 3 Order VI of Code of Civil Procedure 1908 "Forms of pleading"

The forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings.

Rule 4 Order VI of Code of Civil Procedure 1908 "Particulars to be given where necessary"

In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, willful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.

Rule 5 Order VI of Code of Civil Procedure 1908 "Further and better statement, or particulars”

A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just.

Rule 6 Order VI of Code of Civil Procedure 1908 "Condition precedent”

Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.

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