• Every pleadings shall contain statement in concise

form of the material facts on which the party pleading

relies upon for his claim or defence as the case may be.
So, in every pleadings all material facts must be stated.
Facts upon which the plaintiff’s cause of action
depends or the defendant’s defence depends are
considered as material facts.
• The object and purpose of the pleadings is to pinpoint the
controversy between the contending parties, confine the parties to
some definite issues. When the plaintiff asserts one thing in the
plaint and the defendant denies it in his written statement, the
question thus raised is an issue between the parties. A party cannot
lead any evidence to prove a fact which is not mentioned in his
pleadings because the principle is that no party should be taken by
surprise by introducing any fact at the time of trial. However,
parties may amend the pleadings if necessary.
• Under Order VI, Rule 16- the court may at any stage
of the proceeding pass an order for striking out any
pleadings or for amending any pleadings on the
grounds that:
• 1. it is unnecessary or scandalous;
• 2. it is prejudicial or embarrassing;
• 3. it may delay the fair trial of the suit.
• Generally, amendment of pleadings may be allowed:
• 1. to determine the real questions of controversy;
• 2. to avoid the conflict of decisions and multiplicity of suits;
• 3. to adjudicate and settle all the controversies between the parties completely and
effectively
• 4. to add parties or to add a new schedule;
• 5. to add an alternative claim or relief or an alternative defence;
• 6. to correct the misdescription of the property mentioned in the schedule;
• 7. to correct the address of the parties;
• 8. to add further relief if it is found to be necessary
• 9. to grant consequential relief;
• 10. to bring on record facts which arose during pendency of the suit;
• 11. to remove any defect in the nature of signing of the plaint and
verification;
• 12. to add a further relief which is incidental to the main claim and
relief.
• Amendment may not be allowed:
• 1. when the nature and character of the suit will be changed;
• 2. when new and inconsistent case is introduced;
• 3. when the claim made originally is wholly displaced;
• 4. when there is an unusual delay in making the prayer though there
was an opportunity to make such a prayer at an earlier stage;
• 5. when it is not bonafide-filed to delay the hearing of the suit;
• 6. when it changes or substitutes the original cause of action for
which the suit was filed and changes the nature and character of
the suit;
• 7. when it causes prejudice to the other party;
• 8. when amendment of a claim or relief is barred by time;
• 9. when it may take away a right accrued to the other party by
lapse of time;
• 10. when such amendment is not at all necessary.