Pleadings: formula sheet

Key formulas

Meaning of pleading

Pleadings = plaint + written statement (the written case of each party)

Order VI of the First Schedule governs pleadings generally. Cite the Order, not a rule number, unless sure.

Institution of a suit

Suit instituted by presenting a plaint or in another prescribed manner (Section 26(1))

Section 26(2): facts in every plaint shall be proved by affidavit. The proviso (affidavit in the form and manner under Order VI Rule 15A) applies to commercial disputes of a specified value.

Object of pleadings

Notice to the other side + narrowing of issues + no surprise at trial

Use these three points as the skeleton of your answer.

Fundamental rules

Plead facts, not law, not evidence; material facts only; concise; numbered paragraphs

Four to five rules are enough for a written answer. Give one line of reason for each.

Code includes rules

"Code" includes rules (Section 2(1)); "rules" means First Schedule rules and rules made under Section 122 or 125 (Section 2(18))

This is why Order VI rules on pleadings form part of the Code.

Civil vs criminal scope

Code does not apply to matters of criminal, admiralty or vice-admiralty jurisdiction (Section 112(2))

Use it to explain why civil pleading rules do not govern criminal proceedings.

Section 26: institution of suit

Suit = plaint presented (or other prescribed manner); facts in every plaint to be proved by affidavit

Section 26(1) and (2). The proviso to s. 26(2) requires the affidavit to be in the form and manner under Order VI Rule 15A, and that proviso applies to commercial disputes of a specified value. Keep this affidavit separate from the Order VI Rule 15 verification.

Particulars of a plaint (Order VII Rule 1)

Court + parties + disability of party + cause of action + jurisdiction + relief + set-off/relinquishment + valuation

Use this as a checklist. Add precise amount for money claims and description for immovable property.

Grounds for rejection (Order VII Rule 11)

(a) No cause of action | (b) Relief undervalued and valuation not corrected in the time fixed by the court | (c) Relief properly valued but plaint on insufficient stamp paper, and stamp paper not supplied in the time fixed by the court | (d) Suit appears from the plaint to be barred by any law | (e) Not filed in duplicate | (f) Failure to comply with Rule 9 (copies for service)

Remember the order (a) to (f). The test is the plaint as written. In (b) and (c), the court may extend the time only for reasons recorded, where refusing the extension would cause grave injustice to the plaintiff. Ground (d) covers any law, not only limitation.

Verification (Order VI Rule 15)

Verified at the foot, with date and place, by the party or a person acquainted with the facts; paragraphs split into personal knowledge and information believed true

The verifier signs. This verification is separate from the s. 26(2) affidavit. An unverified plaint is a defect that can be cured, but never leave it out.

Documents relied on (Order VII)

Documents the plaintiff sues upon are listed and produced with the plaint

A document not produced with the plaint may not be received later without the court's leave.

Time for filing written statement

Ordinary suit: 30 days from service of summons; beyond 30 days only for reasons recorded in writing (and the court may impose costs), ordinarily up to 90 days from service. Commercial dispute: outer limit of 120 days from service

In an ordinary suit the 90-day limit is ordinarily to be observed but is held directory, so a court may exceptionally allow later filing. In a commercial dispute the 120-day limit is mandatory. The court cannot extend it, and the right to file is forfeited.

Consequence of not filing

Failure to file within the time allowed → court may pronounce judgment against the defendant or make such order as it thinks fit

In a commercial dispute, once 120 days have passed the right to file is forfeited. In an ordinary suit the court keeps a limited discretion to accept a late filing. Courts use the power to pronounce judgment with care, but you must state it.

Legal set-off (conditions)

Suit for recovery of money + ascertained sum + legally recoverable from plaintiff + within pecuniary limits + same character of parties

If the sum is not ascertained, plead a counterclaim instead.

Counterclaim (conditions)

Any right or claim against plaintiff + cause of action arisen before defence delivered or time expired + within pecuniary jurisdiction

It can be for money, damages, declaration or other relief. It is treated as a plaint and the plaintiff files a written reply.

Set-off vs counterclaim

Set-off = defence that reduces or wipes out the claim; counterclaim = independent claim that can give the defendant a decree

A set-off answers only the money claim. A counterclaim can go beyond it.

Denial rule

Specific denial of each material fact; evasive denial or silence = admission

General denial of the plaint as a whole is not enough.

Verification

Written statement is signed and verified in the same way as a plaint

Verification states which paragraphs are true to the defendant's knowledge and which on information believed to be true.

Order VI Rule 17: amendment

Court may at any stage allow amendment, on just terms, if necessary to decide the real questions in controversy

Amendment is by leave of the court. After trial has commenced, the proviso requires that the party could not have raised the matter earlier despite due diligence.

Necessary party test

Necessary party = no effective decree can be passed without them

A proper party is useful but a decree can be passed without them. Court may add or strike parties under Order I Rule 10.

Section 99 CPC: effect of misjoinder and non-joinder

No reversal, substantial variation or remand for misjoinder, non-joinder or irregularity not affecting merits or jurisdiction; this does not apply to non-joinder of a necessary party

Quote the proviso. It is the point examiners test most.

Section 152 CPC: clerical and arithmetical mistakes

Clerical or arithmetical mistakes, or errors from accidental slip or omission, may be corrected at any time, on the court's own motion or on a party's application

This corrects judgments, decrees and orders. It is different from amendment of pleadings.

Section 153A CPC: appeal summarily dismissed

Where an appeal is dismissed under Order XLI Rule 11, the court of first instance may still exercise its section 152 power to amend the decree

Useful as a short supporting point on correction of decrees.

Order XIV: framing of issues

Issue arises when a material proposition of fact or law is affirmed by one party and denied by the other

Issues are framed from pleadings, statements on oath and documents. Separate issues of fact and law.

Core parts of a petition

Cause title → Heading (nature of petition) → Facts → Grounds → Prayer → Signature of advocate/party → Verification → Supporting affidavit → Annexures

Keep the order. Grounds are legal reasons; facts are events. Do not mix them.

Core parts of an interim application

Same cause title as main matter → Heading with provision relied on → Short facts → Grounds for urgency/prima facie case → Prayer → Affidavit

Name the main matter's number and the exact interim relief sought.

Core parts of an affidavit

Title of matter → Deponent's name, age, address → Numbered paragraphs of facts → Source of knowledge → Verification (place, date) → Signature → Attestation

Separate personal knowledge from information and belief, and state the source of belief.

Forum for appeal from an order (Section 106 CPC)

Appeal from an order lies to the court to which appeal lies from the decree in that suit; if the order is by a non-High Court court in appellate jurisdiction, to the High Court

Applies only where an appeal from the order is allowed by law.

Savings for the Supreme Court (Section 112 CPC)

The Code does not affect the Supreme Court's powers under Article 136 or its rules on presenting and conducting appeals

Follow Supreme Court rules for special leave petitions.

Application of the Code to High Courts (Section 117 CPC)

Subject to the Code's own Part, Part X and rules, the Code applies to High Courts

High Court rules can modify procedure, so check them.

Complaint versus FIR

FIR: to police (s.173 BNSS) → investigation. Complaint: to Magistrate → examination of complainant → cognizance

A complaint can also lead the Magistrate to order investigation under section 175(3). Under section 223 the accused must be given an opportunity of being heard before cognizance is taken on a complaint.

Bail provisions map

Bailable offence: s.478 | Non-bailable: s.480 | Anticipatory: s.482 | High Court/Sessions special powers: s.483 | Undertrial detention period: s.479

Quote the section that matches the offence and the court you are addressing.

Quashing power

Section 528 BNSS: inherent powers of the High Court to give effect to orders, prevent abuse of process, secure ends of justice

This is not a right to quash every case. Use it only where the facts show abuse of process or no offence on the face of the allegations.

Standard parts of a criminal draft

Court title → parties → facts → grounds → provisions → prayer → verification/affidavit → signature of counsel and party

Use this order for all three documents.

Civil Code exclusion

CPC section 112(2): Code does not apply to any matter of criminal jurisdiction

Use this to explain why criminal drafts follow the BNSS and not the CPC.

Quick revision

• A pleading states material facts, not evidence or law arguments.
• Every plaint needs court, parties, facts, cause of action, jurisdiction, valuation, relief and verification.
• Section 26: a suit starts by presenting a plaint, and facts in the plaint are proved by affidavit.
• Section 80: two months' notice before suing the Government or a public officer for an official act.
• Section 80(2): urgent relief suit allowed with leave of Court without notice, but the Court must hear the Government before granting relief.
• Section 80(3): a suit is not dismissed for a defect in notice if the plaintiff is identifiable, it reached the right office and the cause and relief are substantially stated.
• Section 9: civil courts try all civil suits unless cognizance is expressly or impliedly barred.
• Section 99: no reversal for misjoinder, non-joinder or irregularity not affecting merits or jurisdiction, but non-joinder of a necessary party is not covered.
• Section 21A bars a suit to set aside an earlier decree on an objection as to place of suing.
• A written statement should answer each material allegation and may carry set-off or a counterclaim.
• An affidavit must be in the correct form and state facts from knowledge or belief clearly.
• Check the prayer last: it must match the facts and the relief the law allows.

Common mistakes

• Saying pleadings include evidence and documents in full. Fix: Plead only the material facts. Evidence is led later. Documents relied on are referred to, not argued in the pleading.
• Treating the plaint and written statement as the only pleadings in every proceeding. Fix: Say that in a civil suit the main pleadings are the plaint and the written statement. Other proceedings have their own forms such as petitions and complaints.
• Leaving out the date on which the cause of action arose. Fix: Add a separate paragraph: 'The cause of action arose on ____ when the defendant ____.' This also supports limitation.
• Pleading evidence and legal arguments in the plaint. Fix: State only material facts. Keep arguments for the hearing. Refer to the documents by list number.
• Writing a general denial such as 'all allegations in the plaint are denied'. Fix: Reply paragraph by paragraph. Admit, deny with reasons or put the plaintiff to proof. Evasive denial can be treated as admission.
• Saying the 90-day limit is a fixed 30 days in every case. Fix: Write 30 days from service, extendable beyond 30 days only for reasons recorded in writing, ordinarily up to 90 days in ordinary suits. The 90-day limit is held directory, so courts may exceptionally allow later filing. For commercial disputes the outer limit is 120 days and it is mandatory.
• Saying section 99 protects every case of non-joinder. Fix: Always add that the proviso excludes non-joinder of a necessary party. Such a defect can be fatal to the decree.
• Treating amendment as a right. Fix: Write that leave of the court is needed. The court refuses amendments that cause injustice to the other side or are not needed to decide the real controversy.
• Calling every document a petition or using a petition where an application is needed Fix: Ask whether a proceeding is already pending. If yes, file an application in it. If you are starting the matter, file a petition.
• Mixing facts and grounds in the same paragraphs Fix: Keep facts as events in date order. Keep grounds as legal reasons under separate numbering.

Exam tips

• Start any theory answer with a one-line definition. Examiners look for it first.
• Keep the three object points and four fundamental rules ready as fixed lists.
• For comparison questions, cover who files, purpose, timing, contents and effect for the plaint and written statement.
• In fact-based questions, classify each fact as material fact, evidence or law before you advise.
• Quote Section 26 and Order VI accurately. Do not add rule numbers you are unsure of.
• Answer drafting questions in the exact plaint format. Title, numbered paragraphs, prayer, signature and verification each carry marks.
• For rejection questions, use the provision, analysis, conclusion pattern. Say that the test is the plaint and its documents, not the defence.
• Use the facts given: names, dates and amounts. Show the arithmetic for interest or valuation.