Name: Adeeba Gulrez Khan

Semester: 07
Batch No: 02
Enrollment No: 5-8/2019A/002

ASSIGNMENT OF CIVIL PROCEDURE CODE

ASSIGNED BY: MISS ASMA UL HUSNA

ORDER VI RULE 7 DEPARTURE OF PLEADINGS:

T
he General principle of pleading and the formation and other conditions are defined
in the Order VI of the code which specifically talks about the Pleadings. According
to the Rule 1, Pleadings are the plaint or written statement. However, the pleadings
are the statement which are in the written form and it can filed by the parties to state their
contention to filing a suit which will be at trial. Although they provide all the relevant details
to opponent for knowing their defense. This rule is clear that the plaint filed by the plaintiff and
the written statement filed by the defendant. The stage of pleading would be the filing of a
plaint until the submission of a written statement. Pleadings are statements made by parties to
indicate their dispute to be determined at trial.

Furthermore, this is the basic procedure in Civil Procedure. The fundamental rule of pleadings
are defined in the Order VI Rule 2, this rule is regarded as the golden rule of pleading because
it specifies the general prudence that a petitioner must use when preparing his
pleading. Pleadings may contain all the factual situation and the cause of action regarding the
dispute but they did not state any law in the plaint. The Order 7 Rule 6 defines the departure in
pleadings which means except by means of revision under Rule 17, that no further pleading
may include any claim or new grounds or facts contradicting the previous pleading. Order VI

ADEEBA GULREZ KHAN 1

Rule 17 expressly allows the parties to alter their pleadings. In accordance with this rule, the
court may enable any party to a suit to change his pleading as necessary to determine the true
issue in conflict between the parties. This is a discretionary authority that must be handled
wisely. Although under extremely unusual circumstances, parties are not permitted to depart
from their pleadings. If the plaintiff desires, he or she may change the pleadings with the
consent of the court.

Moreover, as a result without requesting revision from the court, the respondent cannot be
permitted to file a new lawsuit in order to get the demand the relief. (DIN MUHAMMAD VS
SUBEDAR MUHAMMAD ZAMAN, 2001). This rule applies if additional pleadings are
permitted under order 8 rule 9 insofar as it prevents a deviation in pleadings, even if it is through
an oral declaration made as part of the pleadings. A party cannot establish a case well beyond
pleadings (SIS CORPORATION PVT LIMITED VS FEDERATION OF PAKITAN
THROUGH SECRETARY MINISTRY OF INTERIOR, 2018). If the issues presented include
the new case requested to be created and there is no impact to the other party, the court may
dismiss the case on the fresh lawsuit. When a non-pleaded issue is raised, the case should be
decided on the basis of the issues raised. Amendments of a significant kind that do not require
the establishment of a new lawsuit are permitted. The parties are obligated by their pleading
and were unable to depart from them. It is also worth noting that any evidence obtained through
departing from pleadings may not be allowed to be submitted by court and, if produced, may
not be accepted by the court. (MUHAMMAD ASLAM VS MUHAMMAD NAWAZ, 2017).

Nevertheless, there are some circumstances when the amendment is allowed. If it is required
in the interest of ascertaining the core issue in dispute between the parties. The courts should
accept all revisions that are required for determining genuine issues of contention between the
parties, as long as they do not disadvantage the opposing party. Whereas if amendment doesn't
somehow create unfairness to the opposing party. If the amendment achieves the end objective
of fairness and avoid future litigation. There are some circumstances where the amendment is
rejected. If the content or dispute in the litigation alters. Conflicting or contradictory statement
in denial of recognized facts, or allegation of facts that is mutually destructive. The other side
should not be affected by an amendment that cannot be paid financially. If the amendment of

ADEEBA GULREZ KHAN 2

a claim or remedy is barred by limitation, it should not be permitted in order to nullify a lawful
authority obtained by the other party, unless in exceptional circumstances. Generally permitted
if it leads in the loss of a legal claim to the opposing party due to the passage of time. When
conflicting pleadings are filed without the court's consent, such deviations will be ignored.

To concluded, As a result, the Civil Procedure Code considers pleadings to be technical and
formal documents. It must meet the criteria of Orders (7) and (6) of the Civil Procedure Code.
Pleadings must be skillfully drafted and well-presented. The concept of departure is to protect
the other party, an amendment is submitted after that period has passed, it will not be granted
unless the party asking the amendment can show that, despite reasonable diligence, he was
incapable of obtaining such relief before the beginning of the trial.

Bibliography

DIN MUHAMMAD VS SUBEDAR MUHAMMAD ZAMAN, 2001 SCMR 1992

SUPREME COURT (SUPREME COURT 2001).
MUHAMMAD ASLAM VS MUHAMMAD NAWAZ, 2017 CLCN 35 PESHAWAR HIGH
COURT (PESHAWAR HIGH COURT 2017).
SIS CORPORATION PVT LIMITED VS FEDERATION OF PAKITAN THROUGH
SECRETARY MINISTRY OF INTERIOR, 2018 CLD 48 ISLAMABAD
(ISLAMABAD COURT 2018).

ADEEBA GULREZ KHAN 3