Order 6 CPC – Pleadings (Complete Guide with Rules, Cases & Amendments
Civil Procedure Code, 1908 (CPC) lays down detailed rules regarding pleadings under Order VI. Pleadings form the backbone of any civil suit, as they define the scope of the dispute, inform each party about the case of the other, and help the court in determining the issues.
In this article, we will cover:
• Meaning of pleadings
• Objects and importance
• Rules of pleadings under Order 6 CPC
• Amendment of pleadings (Order 6 Rule 17)
• Important case laws and exam-oriented points
What is Pleading? (Order 6 Rule 1 CPC)
According to CPC, pleadings mean plaint or written statement.
• Plaint → Filed by the plaintiff stating his cause of action.
• Written Statement → Filed by the defendant stating his defence.
Extended pleadings may also include:
• Counterclaim (Order 8 Rule 6A CPC)
• Set-off (Order 8 Rule 6 CPC)
• Replication → Plaintiff’s reply to WS (with court’s permission)
• Rejoinder → Defendant’s reply to replication (rare; requires permission)
Object of Pleadings
The Supreme Court in Ganesh Trading Co. v. Moji Ram, AIR 1978 SC explained the objectives of pleadings:
1. To give notice of each party’s case to the other.
2. To avoid surprises during trial.
3. To help the court determine real issues in dispute.
4. To save time, expenses, and avoid unnecessary delays.
✓ Rules of Pleadings (Order 6 Rule 2 CPC)
Pleadings must comply with the following principles:
1. Facts, not law – Parties must state only material facts, not legal principles.
2. Material facts only – Only those facts on which the claim or defence rests.
3. No evidence in pleadings – Evidence should not be included. (Case: Virendra Nath v. Satpal Singh, 2007 SC)
• Facta Probanda = Facts required to be proved → Must be pleaded.
• Facta Probantia = Evidence to prove facts → Should not be pleaded.
4. Concise form – Pleadings should be brief and precise.
5. Paragraphs and numbers – Allegations must be divided into consecutively numbered paragraphs.
6. Dates and sums – To be mentioned in both words and figures.
✓ Particulars in Special Cases (Order 6 Rule 4 CPC)
• In cases of fraud, misrepresentation, undue influence, breach of trust, or willful default, full particulars must be stated.
• Example: Simply saying “B committed fraud” is not enough → Details must be given.
• Raja Ram v. Jai Prakash Singh (2019 SC): In fraud and undue influence, specific particulars are mandatory.
Other Important Rules of Pleadings
• Order 6 Rule 6 – Condition precedent: If a condition precedent is disputed, it must be specifically pleaded. Otherwise, court presumes it fulfilled.
• Order 6 Rule 7 – No departure: No party can introduce inconsistent pleadings unless amended.
• Order 6 Rule 8 – Denial of contract: Mere denial means denial of fact, not legality.
• Order 6 Rule 9 – Effect of document: Only mention the effect, not entire contents.
• Order 6 Rule 10 – Malice, fraud, knowledge: It’s enough to state them as facts.
• Order 6 Rule 11 – Notice: Only allege notice was given unless its terms are material.
• Order 6 Rule 14 – Signing: Must be signed by party & lawyer.
• Order 6 Rule 15 – Verification: Verification at foot of pleading with affidavit.
Amendment of Pleadings (Order 6 Rule 17 CPC)
The court may allow either party to alter or amend pleadings at any stage, provided:
• The amendment is necessary to decide the real dispute.
• It does not cause injustice to the opposite party.
Proviso (2002 Amendment)
No amendment after commencement of trial unless despite due diligence, it could not be raised earlier.
When Allowed
• To avoid multiplicity of suits.
• To correct mistake in parties’ names.
• To add omitted properties by mistake.
• Clarifications in cause of action.
• New facts due to changed circumstances.
When Refused
• When amendment changes entire nature of the suit.
• When it takes away a legal right (e.g., limitation).
• When sought in bad faith. (Andhra Bank v. ABN AMRO, 2007 SC)
• When inconsistent or destructive of earlier pleadings. (Usha Balasaheb Swamy v. Kiran Appaso Swamy, 2007 SC)
Doctrine of Relation Back
Amendments generally relate back to the date of original pleading, but courts have discretion.
Striking Out Pleadings (Order 6 Rule 16 CPC)
Court may strike out pleadings if:
1. They are unnecessary, scandalous, frivolous or vexatious.
2. They prejudice or delay fair trial.
3. They are abuse of court process.
Case Laws on Pleadings
• Ganesh Trading Co. v. Moji Ram (1978 SC) – Object of pleadings.
• Virendra Nath v. Satpal Singh (2007 SC) – Facta Probanda vs Facta Probantia.
• Raja Ram v. Jai Prakash Singh (2019 SC) – Fraud and undue influence must be pleaded with particulars.
• Kisandas v. Rachappa Vithoba (1909 Bom) – Test for amendment.
• Usha Balasaheb Swamy v. Kiran Appaso Swamy (2007 SC) – Inconsistent amendments not allowed.
FAQs on Order 6 CPC
Q1. What are pleadings under CPC?
Pleadings mean plaint and written statement (Order 6 Rule 1).
Q2. Can pleadings include evidence?
No, pleadings must contain only material facts, not evidence.
Q3. Can pleadings be amended?
Yes, under Order 6 Rule 17 CPC, with court’s permission, subject to conditions.
Q4. What happens if pleadings contain scandalous or frivolous matter?
Court may strike them out under Order 6 Rule 16.
Q5. Is amendment allowed after trial begins?
Only if party proves that despite due diligence, it could not have been raised earlier.
Conclusion
Order 6 CPC lays down detailed rules regarding pleadings, ensuring clarity, fairness, and efficiency in civil proceedings. Parties must strictly follow these principles, as courts decide cases based on pleadings and not on arguments outside them.
Understanding Order 6 CPC (Pleadings) is crucial for law students, civil lawyers, and judiciary aspirants, as it is one of the most frequently tested topics in exams and forms the foundation of civil litigation.
✓ To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 8840961324 or call us on +91 9151591324
At Theory of Abrogation, we equip you with everything you need:
•Subject-wise expert classes
•Mock test series
•Legal current affairs
•Personalized mentorship for interview preparation
“Your law degree is your foundation, but your preparation is what will build your success.”
Join Our New Batch Now!
Prepare smart. Prepare with Theory of Abrogation.
Contact Us:
B-109, Commercial
Complex Dr. Mukherjee
Nagar, Delhi-09
+91 9971399324 | +91 8840961324
[email protected]