1.

General rules of Pleadings

Objective
Pleading helps the parties understand the details of the claim made against
them by the adverse party, saving time and money. In the past, when pleadings
were not common and parties used to argue their case in court, it occasionally
happened that parties took a long time to respond to claims because of the
sudden and new arguments of the opposing party. The main goal of pleading is
to focus on the key issues and paint a precise picture of the case, which
improves and speeds up the court process.

The pleadings assist both parties in understanding their points of contention

and where they diverge so that they can present the most pertinent arguments
and evidence in court. In the case of Throp v. Holdsworth it was held that: The
whole object of pleading is to bring parties to an issue and the meaning of the
rules relating to pleadings was to prevent the issues bring enlarged, which
would prevent other parties from knowing when the cause came on for trial,
what the real point to be discussed and decided.

Fundamentals of Pleading
Sub-rule (1) of Rule 2 (order VI) states the fundamentals of pleadings. The first
fundamental of rule of pleading is that it should only state facts and not the law.
The facts that are stated in the pleading must be material facts. It should never
state or disclose the evidence. The facts stated in the pleading must be in a
concise form.

Facts and not law

In the case of Kedar Lal v. Hari Lal the Supreme Court ruled that in a civil
lawsuit, the parties are only required to describe the events that occurred and
the basis for their claims in their pleadings; it is the judiciary's responsibility to
apply the law. It implies that the parties should outline their claims and the
reasons why they should be accepted.

Material facts
The term "material fact" is not specifically defined in the CPC, 1908 or any
other law. In Udhav Singh v. Madhav Rao Scindia,[5] the Supreme Court
provided the following definition of "material fact": According to the court,
"material facts" are all those important details that the parties rely on to support
their claims and establish their causes of action or to make a strong defence or
counterclaim against the party making the initial claim. The courts have noted
that determining what facts or information qualifies as a material fact is a
subjective matter that will be decided by the court on an individual basis
depending on the facts and circumstances of each case.
 Facts and not evidence
This rule mandates that the evidence in the pleadings be excluded. In other
words, the party is not required to mention the witnesses or documentary
evidence that it intends to present to the court in order to use against the
opposing party. This is done to guarantee the safety of the evidence and the
fairness of a trial. According to jurisprudence, there are two different types of
facts: fact proband and fact probation, Facts proband: material facts, Facts
probation: evidence
Concise form
The last and most important fundamental rule, also known as the "rule of
brevity," calls for the pleadings to be concise, clear, and limited to the
interpretation that the pleader wishes to convey. Not only should the pleading
be brief, but it also needs to be precise. Even though the pleading must be
concise, it must also be accurate and certain. For the sake of brevity, pleadings
shouldn't be compromised in terms of clarity and specificity. However, this
does not imply that the facts that must be stated are so brief as to lose their
significance in the pleadings.

The very goal and objectives of pleading are to discover the true source of
controversy and it would be defeated if there is a lack of precision in the
arguments. The Golden Rule of pleading states that the facts must be presented
in such a way that neither important nor irrelevant information is left out or
included.

Other Rules of Pleading

Rule 3 to Rule 16 (Order VI) talks about other rules of pleading:
 Specific details with regard to dates and items should be mentioned in the
pleadings in a case for misrepresentation, criminal breach of trust, fraud, or will
full default in payment of due.
 It is not necessary to mention a condition precedent to filing a lawsuit if it has
been satisfied. If it is not, it is crucial to mention the fact and provide
justifications. For instance, no legal action against the government may be
brought without two months' notice under Section 80 of the CPC. Therefore,
the plaintiff must mention this as well as the reason for non-adherence if the
notice is not served.
 If no new allegations or grounds for a claim are added to the initial pleadings, a
pleading may be amended at a later stage of the proceeding.
 Each pleading must be signed by the party whose pleading it is, must be
verified by the party whose pleading it is, and must be accompanied by a sworn
affidavit that serves as the party's deposition.
 Documents need not be fully described in the pleadings unless their content is
crucial.
 When a person's malice, fraudulent intention, knowledge, or other mental state
is relevant, it may be alleged in the pleading only as a fact without stating the
specific circumstances from which it is to be inferred. Such circumstances
actually serve as material fact evidence.
 When giving notice to a person is required or a condition precedent, pleadings
should only mention giving the notice; they shouldn't specify its exact form or
duration, or the circumstances from which it should be inferred, unless those
details are crucial.
 Implied agreements or relationships between people may be stated as a fact,
and a general plea should be made based on correspondence, a conversation, or
other evidence.
 It is not necessary to plead facts that the court presumes to be true or that the
other side must prove. Every claim must be signed by the claimant, one of the
claimants, or his or her pleader.
 A party to the action must provide his address. He should also include the other
party's address.
 Each pleading must be verified on an affidavit by the party, one of the parties,
or a third party who is familiar with the case's facts.
 If a pleading is unneeded, scandalous, frivolous, vexatious, or has the potential
to jeopardise, embarrass, or delay a fair trial of the case, the court may order
that it be struck out.
 Where appropriate, forms from Appendix A of the Code should be used. Forms
of a similar nature should be used in cases where they are not applicable.
 Each pleading should be divided into paragraphs that are serially numbered. A
separate paragraph should be used to state each allegation or assertion. Dates,
totals, and numbers should be written both in words and in figures.
Conclusion:
Any legal case's foundation is made up of pleadings. The pleading lays out the
case. It directs the parties to develop their arguments and understand the other
party's claims in order to frame claims or defences for either party, as appropriate.
It serves as direction for the entire suit journey.
They also specify what types of admissible evidence the parties may present
during the trial. The fundamental guidelines for pleadings are set forth in the Code
of Civil Procedure, along with any modifications. These rules are intended to
achieve justice's highest goals while maintaining social harmony.

2. Award of costs of civil suits

Section 35:Section 35 of the Code of Civil Procedure contains the provision as to
costs. The cost of an incident to all suits are in the discretion of the Court and the
court shall have full power to determine by order out of what property and what
extent such costs are to be paid. All necessary direction for these purposes will be
given by the court. Where the Court directs the costs are not to follow the events
the court shall give it in writing.

Section 35-A:Section 35-A deals with compensatory costs in respect of false and
vexatious claims and defence. If in any suit or proceedings, any party objects to the
claim or defence on the ground that the claim or defence on any part of it , as
against the objector , is false or vexatious and if thereafter as against the objector,
such claim or defence is disallowed, abandoned or withdrawn in whole or in part ,
the Court if it thinks fit may , after recording its reasons for so holding make an
order for payment to the objector by the party by whom such claim or defence was
put forward , of costs by way of compensation. No court can make any such order
for payment of an amount exceeding three thousand rupees or exceeding the limits
of the pecuniary jurisdiction , whichever amount is less. The amount of any
compensation awarded under this section in respect of false claim or defence has
to be taken into account in any subsequent suit for damages or compensation of
such claim or defence.

Section 35-B:Section 35-B was amended in the Code of Civil Procedure by

amendment act of 1976. It provides for costs for causing delay. Where separate
defenses have been raised by the defendant or group of defendants payment of
such costs shall be a condition precedent to the further prosecution of the defense
by such defendants as have been ordered by Court to pay such costs.

The cost ordered to be paid under sub-section (1) shall not, if paid, be included in
the costs awarded in the decree passed in the suit, but if such costs are not paid, a
separate order shall be drawn up indicating the amount of such costs and the names
and addresses of the persons by whom such costs are payable and the order so
drawn up shall be executable against such persons.

General Rule: It is a general rule to award costs is at the discretion of the court.
Normally, in civil proceedings “costs shall follow the event”.[2]

Kinds of costs:
The code provides for the following kinds of costs:
1) General costs-Section 35;
2) Miscellaneous costs-Order 20-A;
3) Compensatory costs for false and vexatious claim or defences-Section 35-A;
4) Costs for causing delay-Section 35-B.

(1) General costs: Section 35: The object of section 35 is to awarding costs to a
litigant is to secure to him the expenses incurred by him in the litigation.[3]It
neither enables the successful party to make any profit out of it nor punishes the
opposite party.[4]The general rule relating to cost is that cost should follow the
event, i.e. a successful party must get the costs and the losing party should pay the
other side.[5]

Principals:
The primary rules in respect of award of general cost are as under:
Costs are at the discretion of the court.The said discretion must be exercised on
sound legal principles and not by caprice, chance or humour. No hard and fast
rules can be laid down and the discretion must be exercised considering the facts
and circumstances of each case.

Normally, costs to follow the event and the successful party are entitled to costs
unless there are good grounds for depriving him of that right.[6]To put it
differently the loser pays costs to the winner. However it does not always depend
on who wins and losses in the end. Even a successful party may be deprived of
costs if he is guilty of misconduct or there are other reasons to do so.[7]Sub-
section (2) of section 35 expressly provides that when the court orders that cost
should not follow the event, it must record reasons for doing so.[8]

(2) Miscellaneous costs: Order 20-A:

Order 20-A makes specific provisions with regard to the power of the court to
award costs in respect of certain expenses incurred in giving notices, typing
charges, inspecting of records, obtaining copies and producing witnesses.

(3) Compensatory costs: Section 35-A:

The object of Section 35-A is to provide for compensatory costs. This section is an
exception to the general rule on which Section 35 is based, that the “costs are only
in indemnity, and never more than indemnity”.[9]This section intended to deal
with those cases in which Section 35 does not afford sufficient compensation in the
opinion of the court. Under this provision, if the court is satisfied that the litigation
was inspired by vexatious motive and was altogether groundless, it can take
deterrent action.[10] This section only applies to the suit and not to the appeals or
to the revisions.

The following conditions must exist before this section can be applied:[11]
a) the claim or defence must be false or vexatious;

b) objections must have been taken by the other party that the claim or defence
was false to the knowledge of the party raising it ; and

c) such claim must have been disallowed or withdrawn in whole or in part.

Maximum amount:
The maximum amount that can be awarded by the court is Rs 3000.But the person
against whom an order has been passed is not exempt from any criminal liability.
In a subsequent suit for damages or compensation for false claim or defense, the
court will take into account the amount of compensation awarded to the plaintiff
under this section.[12]

Other Liability:
A person against whom a order of costs is made is not exempted from any other
liability in respect of false claim or defense made by him.

Appeal:
An order awarding compensatory costs is appealable .[13]But no appeal lies
against an order refusing to award compensatory costs.[14]Since such an order can
be termed as “case decied”,a revision lies.[15]
(4) Costs for causing delay: Section 35-B:Section 35-B is added by the
Amendment Act of 1976. It is inserted to put a check upon the delaying tactics of
litigating parties. It empowers the court to impose compensatory costs on parties
who are responsible for causing delay at any stage of the litigation. Such costs
would be irrespective of the ultimate outcome of the litigation.[16]the payment of
cost has been a condition precedent for further prosecution of the suit, if the party
concerned is a plaintiff and the defence , if he is a defendant.[17]
The provisions of this Section are mandatory in nature and therefore the court
should not allow prosecution of suit or defence, in the event of partly failing to pay
costs as directed by the court. If a party is unable to pay costs due to circumstances
beyond his control , such as strike of advocates or staff , declaration of the last day
for payment of costs as holiday, etc. the court can extend the time.[18]
Very recently in Ashok Kumar v. Ram Kumar[19] , the Supreme Court observed
that the present system of levying meagre costs in civil matters is wholly
unsatisfactory and does not act as a deterrent to luxury litigation . More realistic
approach relating to costs is the need of the hour.

Conclusion
After going through the provisions of C.P.C. I come to the conclusion that Sections
35,35-A,35-B and Order 20 were formed with the objective of awarding costs in
order to avoid delay in disposal of suit and to check unnecessary
adjournments .Under section 35 court can award cost even suo motu and also there
is no ceiling limit of amount of cost. The cost ordered should be actual reasonable
costs including cost of the time spent by successful party, the transporting, lodging
or any incidental cost besides the payment of court fee , lawyer’s fee and any other
cost relating to the litigation[21].The award of costs should always be according to
the discretion of the court