Rules of pleading – order VI, VII, VIII of CPC.
- Order VI of CPC describe provisions regarding pleading: –
- Rule 1 of order VI, lays down that pleading means a ‘Plaint’ or a ‘written statement’.
- Rule 2 of order VI- ‘Pleading to state material facts and not evidence’
- Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for its claim as the case may be but nit the evidence by which they are to be proved.
- Every pleading shall, when necessary be divided into paragraphs numbered consecutively, each allegation being so far as contained in a separate paragraph.
- Rule 3 order VI of CPC “Forms of Pleading”.
- Rule 4 order VI of CPC – It deals with particulars to be given when necessary: –
In all cases in which the party pleading relies on any representative, 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 shall be stated in the pleading.
- Rule 5 order VI – deals with further and better settlement and particulars.
A further or better statement of the nature of the claim or defense 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 – deals with conditions precedent.
Any condition precedent, the performance or occurrence of which is intent to be contested, shall be distinctly specified. In his pleading by the plaintiff/defendant as the case may be.
- Order VII CPC
- Rule 1 order VII of CPC deals with particulars to be contained in plaint.
The plaint shall contain the following particulars: –
- The name of the court in which the suit is instituted.
- The name, description, place of residence of the plaintiff.
- The name, description, place of residence of the defendant.
- Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect.
- The facts constituting the cause of action and when it arose.
- The facts showing that the court has jurisdiction.
- The relief which the plaintiff claims.
- Rule 2 order VII of CPC deals with ‘money suits’
Where the plaintiff seeks the recovery of money, the plaintiff’s plain shall state the precise amount claimed.
But where the plaintiff sues for mesne profits or taking unsettled account between him and the defendant, or for movables in the possession of the defendant or for debts of which the value he can’t after the exercise of reasonable diligence, the plaint shall state approximately the amount or value sued for.
- Rule 3 order VII of CPC deals with where the subject matter of the suit is immovable property.
Where the subject matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it and in case such property can be identified by boundness or number in record of settlement or survey, the plaint shall specify such boundaries or number.
- Rule 4 order VII – deals with when the plaintiff sues as representative.
Where the 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 been taken the steps necessary to enable him to institute a suit concerning it.
- Rule 5 order VII deals with defendant’s interest and liabilities to be shown.
The plaint shall show that the defendant is or claims to be interested in subject matter and that he is liable to be called upon to answer the plaintiff’s demand.
- Rule 6 order VII – deals with grounds of exemption from limitation law.
When the suit is instituted after the exemption of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed.
- Order VIII of CPC
It describes the procedure for filing a written statement.
A written statement is the reply filed by the defendant to answer the claim and pleas raised by the plaintiff in his plaint, which is set to the defendant along with the summons calling upon him to put up appearances at first hearing of the suit.
The summons indicates the name of the judge presiding in the trial court and the number of the suit (case number). The defendant on receipt of the plaint should reply to the plaint which is called the written statement.
Contents of Written Statement
- In the written statement, the name of the judge ad the court trying upon the suit is to be mentioned at the tip. After that the names of the parties are to be mentioned. However, it is not necessary to mentioned the names, description and place of residence of all the parties in the title of the written statement. The defendant gives the para-wise reply of the plaint stating therein any new facts.
- Order VIII of the CPC lays down the provisions for filing of a written statement. The defendant shall within 30 days from the date of service of summon on him present a written statement of his defense.
- When the defendant fails to file the written statement with in the prescribed period of 30 days, he shall be allowed to file the same on such other date as may be a specified by the court for reasons to be recorded in writing that which shall not be later then 90 days from the date of service of summons.
A written statement must comprise of the following particulars: –
- Title – A written statement also reflects the title like a plaint. If the defendant is more than one than the name of first defendant should be mentioned and their can be the usage of words ‘others’.
The body of the written statement is divided and numbered into paragraph in which the defendant gives para-wise reply of the plaint and also takes his defense in relation to that particular fact.
- Signature and verification – written statement must contain the signature and verification like that of a plaint.
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