Libertatem Magazine

Fundamental Rules of Pleading

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The art of framing the document in which party to civil suits make their claims Is known as pleadings. s per the rules mentioned in the civil procedure code, it must be ascertained that all the claims in the pleadings must be in a specific format as per the rules mentioned in order 6 of CPC. 

The content of the pleadings must be written in such a way that they must ascertain the original issue specifically and must be narrowed in such a way that the issue specifically points toward the cause of the action of the incident. 

Fundamental rules of pleading:

As aforesaid mentioned all the rules for the pleadings are mentioned in order6 which states four basic rules as 

  1. The facts must be stated in every pleading not law
  2. Facts must be incidental to the Cause Of action 
  3. All the material facts should be mentioned only 
  4. The fact be mentioned not the Evidence on which relied on 
  5. Facts must be concisely mentioned 

1. Fact only, not law –  The first rule Is that the law and the mixed question of the law or the fact must not be mentioned only the important facts which are related to the cause of the action are to be mentioned only. 

As all the applicable laws are decided by the judge itself, But where the fact is based on some statute the same must be mentioned including in the pleading itself. The reason for not mentioning the law in the pleading is that As it is the duty court to examine all the facts of the case and then applies the law to the fact of the case. The parties to the suit are open to mention law at any stage of the suit, Even though they are not mentioned in the pleading. The legal effect of the law is not barred by this rule 

2 Cause of action – All the facts scribbled in the plaint must be based on some cause of action. In the substantive law for the framing of the issue, it is very important to have the cause of action which decides the right of the plaintiffs and the act of the defendant violating the right or the title.  All the facts related to the cause of the action must be mentioned with very certainty.

3 Material Facts – As per order 6 rule 2 of the CPC state that only material fact is to be mentioned only. Now the question arises what are material facts?  The facts which are essential to the plaintiff’s cause of action or the defendant’s defense which each party must prove. In the other way, we can say that a fact becomes the material for the pleading of a party which he is bound to prove unless admitted. Where the material facts are not present, neither the party is allowed to ask nor the court to give their decision on those material facts.

4 Facts, Not evidence – The material facts on which parties rely are the fact probantia these are the facts that need to be proved by the parties, and the evidence or the facts by which they are proved are called fact probandum.  Fact probandeum are not the facts in issue but only relevant facts will be proved at the trial to prove all the facts in issue. There are some cases in which it is hard to find material facts in these cases they are established by these statements and the evidence to prove their existence. 

5 Concise and precision – To have a good claim it must be stated in the summary and the para format and the unnecessary details must be omitted. Only the relevant and the related facts are mentioned in the active voice is preferred as possible and having the quality of both concise and precise. 

Conclusion –   

Procedural law is made to facilitate the process of justice. The rules of pleading are merely for the court and the other side party to know what is the claim they are seeking for. Rules of the pleading are intended to be the basics of a fair trial and for reaching a reasoned decision. So, the court must implement them.  To construct or build a good pleading it must be kept in mind that it is not the expression of the art, It is a word that how relief is sought effectively. the facts must be conveyed as by reading all the plaint it must be cleared what relief is being sought. 


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