LAW OF PLEADINGS IN CIVIL CASES

1.    Definition of Pleadings-

According to Moghas law of pleadings, Pleadings are statements in writing drawn up and filed by each party to a case stating what will be the contentions at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer.

According to Order 6 Rule 1: Pleading shall mean “Plaint or Written statement”.

2.    Object and Purpose-

In Bachhaj Nahar Vs. Nilima Mandal and others, AIR 2009 SC 1103, Supreme Court explained the object of the pleadings as under: -

a.    To ensure that the litigants come to trial with all issues clearly defined

b.    To prevent cases from being expanded or grounds from being shifted during trial.

c.     To ensure that each side is fully alive to the questions that are likely to be raised or considered

d.    To have an opportunity of placing the relevant evidence appropriate to the issues before the court for its consideration.

Further in Ram Sarup Gupta vs. Bishun Narain Inter College, AIR 1987 SC 1242, the Supreme Court explained that,

e.     Pleading is to enable the adversary party to know the case it has to meet. In order to have a fair trial it is imperative that the party should state the essential material facts so that other party may not be taken by surprise.

3.    Rules of pleadings.

a.    Pleading shall contain and contain only a statement in a concise form of the “material facts” and “no evidence”.

E.g., the defendant has borrowed a sum of Rs. 50,000/- from the plaintiff on executing a promissory note in favour of the plaintiff. In his pleading, the plaintiff need not to say that

i. The money was paid in the presence of witnesses, or

ii. That attestors were present at the time of execution of the pronote, or

iii. That the amount was paid in currency or in coins of particular denomination, or

iv. Plaintiff had withdrawn money from his bank account and the very same currency notes were paid to the defendant, or

v. Defendant counted the money and then signed the promote

b.    It shall contain specific and sufficient material to consider for issue.

E.g., In Bhagat Singh Vs. Jaswant Singh, AIR 1996 Sc 735, Hon’ble Supreme Court of India held that “Specific plead regarding ancestral nature of property and the relationship of defendants is necessary. Mere framing of issues or leading evidence is not sufficient in the absence of specific allegations”.

c.     Pleading shall contain in a concise form. It must be divided into separate paragraphs and sequential.

d.    Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.

e.     Particulars like misrepresentation, fraud, breach of trust, wilful default or undue influence and in all other particulars must be necessarily pleaded separately.

E.g., Allegation of fraud- Pleadings- A vague statement in the plaint about signing some blank papers and misuse of the papers for concocting a sale deed. The said pleading is illegal and incorrect. To constitute an admission in law, the statement should be ex facie unequivocal and categorical. Such vague statements cannot be construed as well-pleadings in the eyes of law.

f.      Performance or occurrence of which is intended to be contested, shall be distinctly specified in their pleadings.

g.    The contents of the documents, which are material for the case shall plead specifically.

4.    Effect of pleadings in civil cases:

In Bachhaj Nahar Vs. Nilima Mandal and others, AIR 2009 SC 1103, Supreme Court explained the object of the pleadings as under: -

a.    No amount of evidence can be looked into, upon a plea that was never put forward in the pleadings.

b.    A question that did arise from the pleadings and which was not the subject matter of an issue, cannot be decided by the court.

c.     A Court cannot make out a case not pleaded. The court should confine its decision to the question raised in pleadings. Nor can it grant a relief that is not claimed and which does not flow from the facts and the cause of action alleged in the plaint.

d.    no party should be permitted to travel beyond its pleading and all necessary and material facts should be pleaded by the party in support of the case set up by it.

5.    Exceptions- When the fact is not specifically pleaded-

In Bhagwati Prasad vs. Shri Chandramaul, AIR 1966 SC 735, the Hon’ble Supreme Court of India, explained how to take the deficiency or absence of necessary pleadings in the case as under,

“If a plea is not specifically made and yet it is covered by an issue by implication, and the parties knew that the said plea was involved in the trial, then the mere fact that the plea was not expressly taken in the pleadings would not necessarily disentitle a party from relying upon if it is satisfactorily proved by evidence.”

6.    Inconsistent plea

 In Arundhati Mishra Vs. Shri Ram Charitra Pandey, (1994) 2 SCC 29, Hon’ble Supreme Court of India explained the effect of inconsistent pleas. In this case, the issue for consideration is Whether the plea of adverse possession sought to be set up by the respondent could be permitted to be raised, when the plead based on title was already raised. Hon’ble Supreme Court held that “The pleas based on title and adverse possession are mutually inconsistent and the latter (plea of adverse possession) does not begin to operate until the former (plea of title) is renounced.  It is his own case that he came into possession of the suit property by virtue of his own right and remained in possession based as an owner only. Therefore, his plead based on his own title. He never denounced his title nor admitted the title of opposite. Pleas based on title and adverse possession is mutually inconsistent and hence person who asserts himself to be the real owner of the property cannot plead adverse possession”.

7.    Separate prayers/claims

It is always the right of the plaintiff to rely upon the different rights alternatively by making two or more inconsistent sets of allegations in support of alternative reliefs. But Court cannot give relief on which there was no foundation in pleadings.

However if the same facts are giving rise to two or more causes of action or grounds of defence, he must state in the alternative the different causes of action or grounds of defence, which he intends to assert arise from those facts.

8.    Conclusion.

Gandhiji said, “Facts are three-fourths of the law. If we take care of the facts, the law takes care of itself”. So, the drafting of a pleading is an art. It demands a higher degree of professional skills, knowledge, expertise and experience. Do it very carefully.