One liners: Pleadings

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

2) Types of pleadings in India: a) Plaint b) Written  Statement

3) Plaint is a statement submitted by plaintiff in which he sets out his cause of action with all necessary particulars.

4) A written statement, defendant deals with every material fact alleged by the plaintiff and also states any new facts which tell in his favour, adding such legal objections as he wishes to take to the claim.

5) Subsequent pleading means amended pleading by any of party with permission of the Court.

6) At first hearing of the suit, if facts alleged in the written pleading of one party are not admitted or denied by other party in written statement, then the Judge has to ascertain from the latter whether he admits or denies them and to record such admissions or denials. The statement given in this procedure in front of Judge is called as "oral pleading".

7) As under the CPC the defendant is not bound to file written statement unless expressly ordered to do so by the court

8) The whole object of pleading is to give fair notice to each party of "what the opponent’s case is?"

9) 

Subsequent pleadings: O8, R9

 

Code of Civil Procedure

^{ORDER VIII}

¹[Rule 9. Subsequent pleadings.—No pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counterclaim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or additional written statement from any of the parties and fix a time of not more than thirty days for presenting the same.]

Note: 1. Subs. by Act 22 of 2002, s. 9, for rules 9 and 10 (w.e.f. 1-7-2002).

Part in Red is taken as it is from Bare Act of CPC

Code of Civil Procedure

Explanation

Pleadings are statements in writing drawn up and filed by each party to a case, stating what his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer. As per law there are two types of pleadings in India: a) Plaint b) Written  Statement. Plaint is a statement submitted by plaintiff in which he sets out his cause of action with all necessary particulars. A written statement, defendant deals with every material fact alleged by the plaintiff and also states any new facts which tell in his favour, adding such legal objections as he wishes to take to the claim.

Subsequent pleading means amended pleading by any of party with permission of the Court.

Such leave of Court is normally given to a party whose opponent has been permitted to amend his pleading. Such subsequent pleading is called, in the case of a plaintiff, a written statement, and in the case of a defendant, an additional written statement.

This written statement is at some places (e. g., in Oudh) called a “replication”. This term was formerly used in England where the plaintiff’s written statement is now called a “reply”. 

Judgments:

1) Venkataswami v. Uppilipalayam Vamana Vilasanidhi, Ltd., (153 I. C. 453—1935 Mad. 117): Under O. 8, R. 9 the Court may require the plaintiff to file a written statement in answer to the pleas of the defendant, but the plaintiff is not as a matter of right, except by way of reply to a set off, entitled to file any such written statement. 

2) Chandra Kishore ». Babu Lai, 1949 Orissa 77 (79) and Nagratnam v. Kamalatha, 1949 Mad. 299 (300). : “The second sentence of O. 8, R. 9 which clearly gives this power to the Court seems to have been overlooked.”

3) Juvansinghji v. Dola Chhala, 1923 (Bom.) 390 (392) ; 27 B. L. R. 890 and Harish Chandra Bajpai v. Triloki Singh, 1957 S. C. 444: The practice of filing such written statements as a matter of course which seems to prevail in some states, is not, however, strictly regular and the plaintiff cannot file it without either express permission or express order of the Court.

4) Bihari v. Chandu, 1939 (Lah.) 386: The Lahore High Court has ruled that, as this is required only to furnish a better statement, the court has power to reject it.

5) 

Ascertainment whether allegations in pleadings are admitted or denied: O10 R1

 

Code of Civil Procedure

 

ORDER X: Examination of Parties by the Court

1. Ascertainment whether allegations in pleadings are admitted or denied.—At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party against whom they are made. The Court shall record such admissions and denials.

Part in Red is taken from Bare Act as it is.

Code of Civil Procedure

Explanation:

At first hearing of the suit, if facts alleged in the written pleading of one party are not admitted or denied by other party in written statement, then the Judge has to ascertain from the latter whether he admits or denies them and to record such admissions or denials. The statement given in this procedure in front of Judge is called as "oral pleading".

This is necessary when the defendant has not filed a written statement. As under the Code the defendant is not bound to file written statement unless expressly ordered to do so by the court.

When some new facts are alleged in the written statement, in which case the issues cannot be settled unless it is ascertained whether the plaintiff admits or denies them. It is also necessary when the written pleadings are incomplete or inaccurate. 

At first the pleadings were oral. The parties appeared in open court and a viva voce altercation took place before the Judge, whose duty was to superintend or “moderate” the oral contentions. The alternate allegations were so managed as, at length, to arrive at some specific point or matter affirmed on one side and denied on the other, which was agreed to be the question for decision. The parties were then said to be “at issue”, and the trial commenced. Only one issue was allowed to be raised.

This duty is recognized by statute by the enactment of a provision that, at the first hearing, the court shall ascertain from each party whether he admits or denies such allegations of facts as are not expressly or by necessary implication, admitted or denied by him, and of a further provision under which the court is empowered to examine the parties before settlement of issues to find out “what the actual controversy between them is?”. When the question is whether a party should be held bound by an admission in his pleadings, it is the duty of the court to look to the pleadings as a whole and not to dissect a fact out of the pleadings. 

Judgment:

1) Chimawa v. Gangawa, 31 Bom. L. R. 1118, 1929 (Bom.) : The Bombay High Court has, however, gone further and held that a court has no power to call for such a written statement from the plaintiff and if it requires the plaintiff’s reply to any pleas of the defendant it can have recourse to O. 10, R. 1 alone.

2) Mohamed Yahya v. Raham Ali, 117 I. C. 813; 1929 (Lah.) 16j: These statements are in the nature of supplementary pleadings and no plea inconsistent with them can be raised at a later stage except by way of amendment of pleadings.

3) Firm of Suraj Singh v. Sardar, 116, I. C. 884: Issues can be framed on such supplementary pleadings and the trial is not vitiated if no formal amendment is made in the written pleadings in the light of oral pleadings.

4) Jagannath Upadhya v. Amrendra Nath Banerjee, 1957 Cal. 479: A case made and stated in the plaint and not denied in the written statement is to be taken as admitted and being admitted it need not be proved.

5) 

Reference to Code of Civil Procedure and other repealed enactments

 

Code of Civil Procedure Section

 

158. Reference to Code of Civil Procedure and other repealed enactments.—In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or rule.

 

Code of Civil Procedure Section

Continuance of orders under repealed enactments

 

Code of Civil Procedure Section

 

157. Continuance of orders under repealed enactments.—Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred under Act VIII of 1859 or under any Code of Civil Procedure or any Act amending the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.

 

Code of Civil Procedure Section

153B. Place of trial to be deemed to be open Court

 

Code of Civil Procedure Section

 

¹[153B. Place of trial to be deemed to be open Court .—The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them:

Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.]

Note 1. Ins. by Act 104 of 1976. s. 51 (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

Power to amend decree or order where appeal is summarily dismissed

 

Code of Civil Procedure Section

 

¹[153A. Power to amend decree or order where appeal is summarily dismissed.—Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first, instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.]

Note 1: 1. Ins. by Act 104 of 1976. s. 51 (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section