ORDER – VI
PLEADINGS GENERALLY
1. PLEADING
"Pleading", shall mean plaint or written statement.
Pleading means
(a) Plaint or rejoinder
(b) Plaint or written statement
(c) Plaint or written statement or rejoinder
(d) Plaint alone
Ans. (b)
Pleading has been defined in
(a) Order VI, Rule 1 of the Code of Civil Procedure
(b) Order VI, Rule 2 of the Code of Civil Procedure
(c) Order VIII, Rule 1 of the Code of Civil Procedure
(d) Order VIII, Rule 2 of the Code of Civil Procedure
Ans. (a)
2. PLEADING TO STATE MATERIAL FACTS AND NOT EVIDENCE
1. Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved.
2. Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.
3. Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.
Pleadings should state:
(a) Material facts
(b) The law
(c) The evidence
(d) Any facts
Ans. (a)
Civil Procedure Code Pleading does not include
(a) Plaint
(b) Written Statement
(c) Evidence
(d) Material Facts
Ans. (c)
Which of the following must be stated in the pleadings:
(a) Facta probantia
(b) Facta Probanda
(c) Both (a) and (b)
(d) Neither (a) nor (b)
Ans. (b)
3. FORMS OF PLEADING
The forms in Appendix A when applicable, and where they are not applicable forms of the like character, nearly as may be, shall be used for all pleadings.
4. PARTICULARS TO BE GIVEN WHERE NECESSARY —
In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.
5. FURTHER AND BETTER STATEMENT, OR PARTICULARS
(Omitted w.e.f 1-7-2002)
6. CONDITION PRECEDENT
Any condition precedent, the performance or occurrence of which is intended to be contested, ▪ shall be distinctly specified in his pleading by the plaintiff or defendant, as the case my be; and subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.
7. DEPARTURE
No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
8. DENIAL OF CONTRACT
Where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of the fact from which the same may be implied. and not as a denial of the legality or sufficiency in law of such contract.
9. EFFECT OF DOCUMENT TO BE STATED
Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof unless the precise words of the document or any part thereof are material.
10. MALICE, KNOWLEDGE, ETC.
Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.
11. NOTICE
Wherever it is material to allege notice to any person of any fact, mater or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred are material.
12. IMPLIED CONTRACT, OR RELATION
Wherever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letter, conversations or circumstances without setting them out in detail. And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.
13. PRESUMPTIONS OF LAW
Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied (e.g. consideration for a bill of exchange where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim.)
14. PLEADING TO BE SIGNED
Every pleading shall be signed by the party and his pleader (if any): Provided that where a party pleading is, by reason of absence or for other good cause, ▪ unable to sign the pleading it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf.
Pleadings must be signed
(a) by the party only
(b) by the pleader only
(c) by the pleader and the party both
(d) by the pleader and successor of the pleader
Ans. (c)
14 A. ADDRESS FOR SERVICE OF NOTICE
1. Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.
2. Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition.
3. The address furnished in the statement made sub-rule (1) shall be called the "registered address" of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit or in any appeal from any decree or Order therein made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause or matter.
4. Service of any process may be effected upon a party at his registered address in all respects ▪ as though such party resided thereat.
5. Where the registered address of a party is discovered by the court to be incomplete, false or fictitious, the Court may, either on its own motion, or on the application of any party, order
a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or
b) in the case where such registered address was furnished by a defendant, his defence be struck out and he be placed in the same position as if he had not put up any defence.
6. Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be, the defendant may, after furnishing his true address, apply to the Court for an Order to set aside the Order of stay or, as the case may be, the Order striking out the defence.
7. The Court, if satisfied that the party was prevented by any sufficient cause from filing the true address at the proper time, shall set aside the order of stay or order striking out the defence, on such term as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.
8. Nothing in this rule shall prevent the Court from directing the service of a process at any other address, if, for any reason, it thinks fit to do so.
15. VERIFICATION OF PLEADINGS —
1. Save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
2. The person verifying shall specify, by reference to the numbered paragraphs of the pleading, ▪ what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
3. The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
4. The person verifying the pleading shall also furnish an affidavit in support of his pleadings.
Under Order VI, Rule 15 of CPC pleading must be verified by
(a) all the parties
(b) any one of the parties
(c) all the parties if there are more than one or any one of the parties only
(d) (a) & (b)
Ans. (c)
16. STRIKING OUT PLEADINGS
The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading—
(a) which may be unnecessary, scandalous, frivolous or vexatious, or
(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or
(c) which is otherwise an abuse of the process of the Court.
The court may strike out any matter in any pleading
(a) Which may be unnecessary, scandalous, frivolous or vexatious
(b) which may tend to prejudice, embarrass or delay the fair trial of the suit
(c) which is an abuse of the process of the court
(d) all of the above
Ans. (d)
17. AMENDMENT OF PLEADINGS —
The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
The Court may at any stage of the proceedings allow either party to alter or amend his pleadings under which of the following of the CPC?
(a) Order VI Rule 14
(b) Order VI Rule 15
(c) Order VI Rule 16
(d) Order VI Rule 17
Ans. (d)
Under Order VI Rule 17 of the Code of Civil Procedure, the court can allow to alter or amend the proceedings to (a) either party
(b) to plaintiff only
(c) to defendant only
(d) to only one defendant, if there are more than one defendant
Ans. (a)
The Court
(a) can allow amendment of pleading at any stage of the proceeding
(b) a party can amend its pleadings at any stage
(c) cannot allow amendment of pleadings
(d) can allow amendment of written statement only
Ans. (a)
18. FAILURE TO AMEND AFTER ORDER —
If a party who has obtained an order for leave to amend does not amend accordingly ▪ within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the Court.
Amendment in pleading shall be effective
(a) from the date of pleading
(b) from the date of application
(c) from the date of the order
(d) either (b) or (c)
Ans. (b)
If a party who has obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do without leave of Court?
Fifteen days
Fourteen days
Twenty days
Thirty days
Ans. (b)
