Topic No.

4
Basic Rules of Pleadings
Introduction: -
Pleading is basically a casual statement of formal allegations put forth
by the parties in a court of law supporting their respective claims and
defenses with intent to provide a notice to the opponent of what is to be
expected at trial.
According to Order VI of CPC, pleading shall mean plaint and
written statement. primary purpose of pleadings is to enable the parties
to set down their respective pleas so as to further enable them to prove
same in the course of trial. In pleadings a plaintiff who comes to court of
law for the redressal of infringement of his legal right is to place before
court whole of his case entitling his claim in respect of cause of action
complained. he need not to plead law but only material facts regarding
his plea in a concise form. Parties in pleadings are required to state each
material fact and they cannot be allowed to improve their case through
evidence if case is not set up in pleadings, because fact not asserted in
pleading cannot be led in evidence.
Objects of Pleading
Pleadings ascertain the actual issues between the parties.Pleadings state
the issues to avoid surprise to the other party.Pleadings narrow down the
area of conflict. Pleadings state the facts which need to be proved at the
trial.
  For just and proper adjudication of a question of law and fact, the
proper pleading is an essential requisite because in pleadings
parties put their respective positions regarding subject matter of the
suit.so for proper pleading there are certain basic rules which shall
be followed:
These are as follows:
1. Pleading should state the facts.
2. The fact should be material facts.
3. Pleading should not state the evidence.
4. The facts stated in the pleading should be in a concise form.
5. disclosure of cause of action

1. Pleading should state the facts.

The first rule of pleading states that the pleading should state the facts
and not the law. Provisions of CPC do not require the parties to plead
law in their pleadings .It is not necessary for the plaintiff to state the
legal facts which flow from the facts that he alleges
2. The fact should be material facts.
The second rule of pleading is that the facts stated should be material
facts only and not the particulars. Material facts are the basic facts.
3. Pleading should not state the evidence
The third rule of pleading is that the pleading should not state the
evidence with which the material facts are to be proved. Facts are of two
types:
(i) Facta probanda: the facts which need to be proved.
(ii) Facta probantia: the fact through which material facts are proved.
Facta probanda should be pleaded in the pleadings and not the facta
probantia.
4. The facts stated in the pleading should be in a concise form.
The last fundamental rule of pleading is that the pleading should be in a
concise form. Unnecessary and irrelevant details should not be added to
the pleading. Instead, pleading should be precise, clear and specific.

5. Disclosure of cause of action :-

Pleading shall contain the disclosure of cause of action because the
plaint is entertainable only when it discloses a cause of action in favour
of plaintiff and as against the defendant.
Other rules of pleadings have been given under Order 6 of CPC:

I. Particulars of fraud to be mentioned in pleadings Order 6, Rule 4

of CPC says that 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 necessary particulars shall be
stated in the pleading.

II. The effect of the document shall be stated briefly where the
contents of any document are material Rule 9.
III. Every pleading must be signed by the party or his pleader Rule 14.
IV. Pleadings shall be verified by a person by signing and stating the
date and place on which it was verified as given under rule 15 of
Order VI.
V. neither party should allege any matter which the law presumes in
his favour or as the burden of proving same is on other side, unless
it is first specifically denied, as given under rule 13 of Order VI.
For refrence see order VI,VII,VIII,section 20,21.