UNIT-I: FUNDAMENTAL RULES OF PLEADINGS

PLEADINGS

Pleadings are formal written statements filed by parties in a suit that set forth their respective claims
and defences.

 Plaintiff's Pleading: Plaint – the written statement of claims.

 Defendant's Pleading: Written Statement – the response to the plaint.

Purpose of Pleadings:

1. To inform the opposite party of the case they have to meet.

2. To narrow down the issues in dispute.
3. To avoid surprises during the trial.

Relevant Provision:
Order VI of the CPC lays down the general rules for pleadings.

2. RULES OF PLEADING

Key Principles of Pleadings (Order VI, CPC):

1. Material Facts:
o Only material facts necessary for the case should be included.
o Evidence should not be included in pleadings.
2. Conciseness:
o Avoid repetition and irrelevant details.
o Pleadings should be brief but comprehensive.
3. Clarity and Specificity:
o The language used should be clear and unambiguous.
o Ambiguities can weaken a party’s case.
4. Consistency:
o The facts stated must be consistent and should not contradict each other.
5. Particulars (Order VI, Rule 4):
 o In cases of fraud, misrepresentation, or undue influence, particulars must be
specifically stated.
6. Denials (Order VIII, Rule 5):
o Specific denial of allegations is necessary. General denials may result in the
allegations being deemed admitted.

3. AMENDMENT OF PLEADINGS
Amendment of pleadings refers to the modification, addition, or correction of facts in the plaint
or written statement.

Relevant Provision:
Order VI, Rule 17 of the CPC governs the amendment of pleadings.

Scope of Amendment:
The court may allow amendment of pleadings at any stage of the proceedings if it is necessary for
determining the real questions in controversy between the parties.

Key Rules for Amendment of Pleadings

1. Discretion of the Court:

o The court has wide discretion to allow or reject amendments.
2. Objective:
o Amendments are allowed to avoid multiplicity of litigation and to ensure justice.
3. Limitation:
o Amendments cannot be allowed to introduce a new cause of action or change the
nature of the suit.
o Amendments that prejudice the rights of the opposite party will not be allowed.
4. No Delay:
o Amendments must be sought promptly. Unreasonable delay or mala fide intention
may lead to rejection.
5. Post-Trial Stage:
o After the commencement of the trial, amendments are allowed only if the party
seeking amendment shows that the matter could not have been raised earlier despite
due diligence.
Landmark Judgment:

 A.K. Gupta & Sons v. Damodar Valley Corporation: Amendments that do not alter the cause
of action or prejudice the opposite party should generally be allowed.

Procedure for Amendment of Pleadings

1. File an application under Order VI Rule 17 in the concerned court.

2. Provide specific details of the proposed amendment.
3. Justify why the amendment is necessary.
4. Serve a copy of the application to the opposite party.
5. The court decides whether to allow or reject the amendment.

PLAINT

A plaint is a written complaint or statement of claim filed by the plaintiff in a civil court to institute a
suit. It sets out the facts of the case, the cause of action, and the relief sought. It is the foundation of a
civil suit.

2. PARTICULARS OF PLAINT

As per Order VII Rule 1 of the CPC, a plaint must contain the following essential
particulars:

1. Name of the Court: The court in which the suit is filed.

2. Details of Plaintiff and Defendant: Names, addresses, and descriptions of the plaintiff(s)
and defendant(s).
3. Facts constituting the cause of action: A clear and concise statement of material facts giving
rise to the cause of action.
4. Jurisdiction: A statement explaining how the court has jurisdiction (territorial and
pecuniary).
5. Relief Claimed: The specific relief(s) sought by the plaintiff (e.g., damages, injunction).
6. Valuation: Valuation of the suit for jurisdictional purposes and the court fees paid.
7. Verification: A statement by the plaintiff affirming the truthfulness of the facts in the plaint.
3. REJECTION OF PLAINT

A plaint may be rejected under Order VII Rule 11 of the CPC for the following reasons:

1. No Cause of Action: If the plaint does not disclose a cause of action.

2. Barred by Law: If the suit is expressly barred by law (e.g., limitation period expired).
3. Non-payment of Court Fee: When the plaintiff fails to pay the requisite court fees despite
being given an opportunity.
4. Defective Drafting: If the plaint is not drafted according to the mandatory requirements of
Order VII Rule 1.
5. Relief Not Properly Claimed: If the relief claimed is vague or non-specific.

Effect: Upon rejection, the suit is dismissed, but the plaintiff may be allowed to file a fresh
plaint if the defects are corrected.

4. RETURN OF PLAINT

A plaint may be returned under Order VII Rule 10 of the CPC for the following reasons:

1. Lack of Jurisdiction: When the court where the plaint is filed does not have jurisdiction
(territorial or pecuniary) to entertain the suit.
2. Improper Venue: If the suit should have been filed in another court based on jurisdictional
rules.

Procedure:

 The court directs the plaintiff to present the plaint to the appropriate court.
 The return of the plaint is endorsed with reasons for the return and the date.

Effect:

 Returning the plaint does not dismiss the case. The plaintiff can file it in the appropriate court
without losing the benefit of the initial filing date.

FORMAT TO WRITE A PLAINT:-

 IN THE COURT OF THE CIVIL JUDGE JUNIOR DIVISION,
[LOCATION]

CIVIL SUIT NO. [X] OF [YEAR]

[Name of Plaintiff],
[Address],
...PLAINTIFF

VERSUS

[Name of Defendant],
[Address],
...DEFENDANT

PLAINT UNDER ORDER VII RULE 1 OF THE CODE OF CIVIL

PROCEDURE, 1908

The Plaintiff Respectfully States as Follows:

1. Description of the Parties:

o The Plaintiff is [name, age, profession, and full address].
o The Defendant is [name, age, profession, and full address].
2. Jurisdiction:
o This Hon’ble Court has jurisdiction to entertain this suit as [state territorial or
pecuniary jurisdictional grounds].
3. Facts of the Case:
o On [date], the Plaintiff and the Defendant entered into an agreement for
[describe the purpose/transaction].
o The Plaintiff performed all obligations as per the agreement.
o However, the Defendant [state breach, default, or relevant acts/omissions].
 o [Provide other material facts in chronological order, avoiding irrelevant
details.]
4. Cause of Action:
o The cause of action arose on [specific dates and events leading to the suit].
5. Valuation:
o The value of the suit for the purpose of jurisdiction and court fee is Rs.
[specific amount], and appropriate court fees have been affixed.
6. That the suit is well within the period of limitation
7. That no suit on the same cause of action is instituted or pending before any other
court.
8. Relief Claimed/ PRAYER:
o The Plaintiff prays for the following reliefs:
a) A decree for [specify the monetary amount or specific relief sought].
b) Interest at [rate] from [date] till realization.
c) Costs of the suit.
d) Any other relief this Hon’ble Court may deem fit and proper.

VERIFICATION
I, [Name of Plaintiff], do hereby verify that the contents of paragraphs [X] to [Y] of
this plaint are true to my knowledge, and the contents of paragraphs [Z] are based on
legal advice and believed to be true.
Date: [Insert Date]
Place: [Insert Place]
[Signature of Plaintiff/Authorized Representative]
[Name and Designation

IN THE COURT OF THE CIVIL COURT JUNIOR DIVISION,

[LOCATION]

CIVIL SUIT NO. [X] OF [YEAR]

[Name of Plaintiff],
[Address],
...PLAINTIFF

VERSUS

[Name of Defendant],
[Address],
...DEFENDANT

AFFIDAVIT

I, [Name of Deponent], aged ___ years, son/daughter of [Parent’s Name], residing at

[Address], do hereby solemnly affirm and declare as under:**

1. That I am the [designation, if applicable] and competent to swear this affidavit.

2. That the facts stated in paragraphs [X-Y] of the plaint/written statement are true to my
personal knowledge.
3. That the annexures attached are true copies of the originals.

Verification Clause:
I, [Deponent's Name], do hereby verify that the contents of this affidavit are true and correct
to the best of my knowledge and belief, and nothing material has been concealed.

Date: [Insert Date]

Place: [Insert Place]

[Signature of Deponent]

Sworn and signed before me on [Date], at [Place].

[Seal and Signature of Notary/Oath Commissioner]

WRITTEN STATEMENT

A Written Statement is the defendant’s reply to the allegations made by the plaintiff in the
plaint. It contains admissions, denials, and the defendant’s version of the facts.

The defendant is required to admit or deny each allegation made by the plaintiff and present
any affirmative defences they may have. Additionally, if the defendant has any claims against
the plaintiff, these may be included as counterclaims in the written statement. It’s essential to
adhere to the legal requirements and deadlines when filing a written statement in accordance
with the CPC.

Components of Written Statement Format

Here are the key components typically found in a written statement format according to the
CPC:

 Title: The title should clearly state that it is a “Written Statement” filed under the
CPC. It should also include the case number and the names of the parties involved.
 Introduction: Begin with an introductory paragraph that identifies the defendant,
their address and their role in the case.
 Background: Provide a brief background of the case, including the plaintiff’s claims
and the circumstances that led to the lawsuit. Mention the court where the case is
filed.
 Response to Allegations: Respond to each allegation made by the plaintiff in their
complaint. Clearly indicate whether the defendant admits, denies, or lacks knowledge
of each specific allegation. Use a numbered list for clarity.
 Affirmative Defenses: Include any affirmative defences that the defendant wishes to
raise. These are legal arguments that, if proven, could excuse the defendant from
liability.
 Counterclaims: If the defendant has any claims against the plaintiff arising from the
same set of circumstances, these should be presented as counterclaims in the written
statement.
 Witnesses and Evidence: Mention any witnesses or evidence the defendant intends
to rely on during the trial to support their defence.
 Legal Citations: If there are relevant legal statutes, case law, or precedents that
support the defendant’s position, reference these in the written statement.
 Relief Sought: Clearly state what the defendant seeks from the court. This may
include a request for the case to be dismissed, a specific judgment, or any other
appropriate relief.
 Verification: The written statement should typically be verified by the defendant or
their legal representative, confirming that the contents are true and correct to the best
of their knowledge and belief.
 Date and Signature: Sign and date the written statement and include the name and
designation of the person signing it.
 Annexures: Attach any relevant documents, exhibits, or evidence that support the
defendant’s case. Refer to these in the written statement.
 Sample Written Statement Format

IN THE COURT OF THE CIVIL COURT JUNIOR DIVISION, [LOCATION]

CIVIL SUIT NO. [X] OF [YEAR]

[Name of Plaintiff], …. PLAINTIFF

VERSUS

[Name of Defendant], ...DEFENDANT

WRITTEN STATEMENT UNDER ORDER VIII OF THE CODE OF CIVIL

PROCEDURE, 1908

The Defendant respectfully submits as under:

1. Preliminary Objections:
o [State objections, e.g., lack of jurisdiction, non-maintainability of the suit, etc.]
2. Reply to the Plaint Paragraph-wise:
o Paragraph 1: [Admit/Deny allegations with reasons].
o Paragraph 2: [Admit/Deny allegations with reasons].
3. Additional Facts (if any):
o [Provide additional facts or counter the plaintiff’s allegations].
4. Reliefs Sought:
o The defendant prays that this Hon’ble Court:
a) Dismiss the suit of the plaintiff with costs.
b) Grant any other relief deemed fit and proper.

Verification Clause:
I, [Defendant's Name], do hereby verify that the contents of paragraphs [X] to [Y] are true to
my knowledge, and paragraphs [Z] are based on legal advice believed to be true.

Date: [Insert Date]

Place: [Insert Place]

[Signature of Defendant/Authorized Representative]

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT

IN THE COURT OF [NAME OF COURT], [LOCATION]

[CASE TITLE, e.g., CIVIL SUIT/APPEAL NO. [X] OF [YEAR]]

[Name of Applicant/Petitioner], ...APPLICANT/PETITIONER

VERSUS

[Name of Respondent], ...RESPONDENT

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1963, FOR

CONDONATION OF DELAY

The Applicant respectfully submits as under:

1. Brief Facts of the Case:

o The Applicant/Petitioner [name and description of the applicant] has filed [type of
proceeding, e.g., an appeal/suit/review petition] against the Respondent before this
Hon’ble Court.
o The statutory period for filing the [mention the proceeding] expired on [date].
2. Reason for Delay:
o Due to [specific reasons for the delay, e.g., illness, unavoidable circumstances, legal
misadvice, or other sufficient causes], the Applicant could not file the
[appeal/suit/petition] within the prescribed limitation period.
o The delay in filing amounts to [number of days/months].
3. No Malafide Intention:
o The delay was unintentional and not caused due to any negligence or malafide intent
on the part of the Applicant.
4. Interests of Justice:
o The Applicant humbly submits that the delay is neither willful nor deliberate, and
unless the delay is condoned, the Applicant will suffer irreparable harm and injustice.
5. Legal Provision:
o Section 5 of the Limitation Act, 1963, empowers this Hon’ble Court to condone the
delay if sufficient cause is shown.
 6. Prayer:
o The Applicant prays that this Hon’ble Court may be pleased to:
a) Condone the delay of [number of days/months] in filing the [appeal/suit/petition];
and
b) Pass any other order(s) as deemed fit and proper in the interest of justice.

VERIFICATION

I, [Name of Applicant], do hereby verify that the contents of this application in paragraphs
[1] to [6] are true to my knowledge, and nothing material has been concealed.

Date: [Insert Date]

Place: [Insert Place]

[Signature of Applicant/Authorized Representative]

[Name and Description of Applicant]

IN THE COURT OF THE [NAME OF THE COURT], [LOCATION]

CIVIL SUIT NO. [X] OF [YEAR]

[Name of Plaintiff],
[Address],
...PLAINTIFF

VERSUS

[Name of Defendant],
[Address],
...DEFENDANT

AFFIDAVIT
I, [Name of Deponent], aged ___ years, son/daughter of [Parent’s Name], residing at
[Address], do hereby solemnly affirm and declare as under:**

1. That I am the [designation, if applicable] and competent to swear this affidavit.

2. That the facts stated in paragraphs [X-Y] of the plaint/written statement are true to my
personal knowledge.
3. That the annexures attached are true copies of the originals.

Verification Clause:
I, [Deponent's Name], do hereby verify that the contents of this affidavit are true and correct
to the best of my knowledge and belief, and nothing material has been concealed.

Date: [Insert Date]

Place: [Insert Place]

[Signature of Deponent]

Sworn and signed before me on [Date], at [Place].

[Seal and Signature of Notary/Oath Commissioner]

VERIFICATION

I, [Name of Plaintiff], do hereby verify that the contents of paragraphs [X] to [Y] of this
plaint are true to my knowledge, and the contents of paragraphs [Z] are based on legal advice
and believed to be true.

Date: [Insert Date]

Place: [Insert Place]

[Signature of Plaintiff/Authorized Representative]

[Name and Designation]
SETTING ASIDE AN EX-PARTE DECREE

An ex-parte decree is a judgment passed by the court in the absence of the defendant when
they fail to appear despite being duly served with summons. The defendant can apply to set
aside the ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908
(CPC) if they can demonstrate valid reasons for their absence.

Provisions Governing Setting Aside an Ex-Parte Decree

Order IX Rule 13 of CPC

 Grounds for Setting Aside:

1. The summons was not duly served.
2. The defendant was prevented by “sufficient cause” from appearing when the suit was
called for hearing.
 Procedure:
1. File an application under Order IX Rule 13 in the same court that passed the decree.
2. Attach supporting documents and affidavits.
3. Serve notice of the application to the opposite party.
 Limitation:
1. The application must be filed within 30 days from the date of knowledge of the
decree.

Section 5 of the Limitation Act, 1963

 If the application is delayed, the defendant can request condonation of delay under Section 5
by showing sufficient cause.

Application for Setting Aside an Ex-Parte Decree

Format
 IN THE COURT OF CIVIL COURT (JUNIOR/SENIOR DIVISION), [LOCATION]
CIVIL SUIT NO. [X] OF [YEAR]

[Name of Applicant/Defendant], ...APPLICANT/DEFENDANT

VERSUS

[Name of Respondent/Plaintiff], ...RESPONDENT/PLAINTIFF

APPLICATION UNDER ORDER IX RULE 13 OF THE CODE OF CIVIL

PROCEDURE, 1908, FOR SETTING ASIDE EX-PARTE DECREE

The Applicant/Defendant respectfully submits as under:

1. Facts of the Case:

o The Respondent/Plaintiff filed the present suit bearing No. [X] of [Year] before this
Hon’ble Court, and an ex-parte decree was passed against the Applicant on [date].
2. Grounds for Application:
o The Applicant could not appear before this Hon’ble Court on [specific date(s)] due to
[state sufficient cause, e.g., non-receipt of summons, illness, unavoidable
circumstances].
o The summons was not duly served as required under Order V of CPC. [Explain if
applicable.]
3. No Intention to Delay:
o The Applicant has no intention to delay the proceedings or act in bad faith. The
absence was due to reasons beyond the Applicant's control.
4. Merits of the Case:
o The Applicant has a strong case and valid defenses to present, which, if considered,
will alter the outcome of the suit.
5. Relief Sought:
o The Applicant prays that this Hon’ble Court may kindly:
a) Set aside the ex-parte decree dated [mention date].
b) Allow the Applicant to file a written statement and contest the suit on merits.
c) Pass any other order(s) deemed fit and proper in the interest of justice.
VERIFICATION

I, [Name of Applicant], do hereby verify that the contents of paragraphs [1] to [5] of this
application are true to my knowledge and belief.

Date: [Insert Date]

Place: [Insert Place]

[Signature of Applicant/Authorized Representative]

[Name and Address of Applicant]

IN THE COURT OF [NAME OF COURT], [LOCATION]

CIVIL SUIT NO. [X] OF [YEAR]

[Name of Applicant/Defendant], ...APPLICANT/DEFENDANT

VERSUS

[Name of Respondent/Plaintiff], ...RESPONDENT/PLAINTIFF

AFFIDAVIT

I, [Name of Applicant], aged ___ years, son/daughter of [Parent’s Name], residing at

[Address], do hereby solemnly affirm and declare as follows:**

1. That I am the Applicant/Defendant in the above-mentioned case.

2. That I have filed an application under Order IX Rule 13 CPC for setting aside the ex-parte
decree dated [date].
3. That I was unable to appear before this Hon’ble Court on [date] due to [state reasons, e.g.,
illness, non-service of summons].
4. That the facts stated in the application are true and correct to my knowledge and belief.

Verification Clause:
I, [Name of Deponent], verify that the above statements are true to my knowledge, and
nothing material has been concealed.

Date: [Insert Date]

Place: [Insert Place]
 [Signature of Deponent]
[Name of Deponent]

Sworn and signed before me on [Date], at [Place].

[Seal and Signature of Notary/Oath Commissioner]

Supporting Documents to Attach

1. Copy of the ex-parte decree.

2. Affidavit supporting the application.
3. Documents/evidence justifying the “sufficient cause.”