⚖️ CIVIL PROCEDURE CODE: ORDER VI – Pleadings Explained

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

📌 Cropper v. Smith [1884]

• Principal reasons that have led to the above rule are, first, that the object of courts and rules of procedure is to decide the rights of the parties and not to punish them for their mistakes.

📌 Jai Jai Ram Manohar Lal v. National Bldg. Material Supply [1969 SC]

• A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure.

📘 CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

📚 ORDER VI — PLEADINGS GENERALLY

📍 Meaning of Pleading (Rule 1)

• “Pleading” shall mean
– plaint or written statement

📍 Pleading to state material facts and not evidence (Rule 2)

• Every pleading – shall contain, and contain only
• a statement in a concise form of material facts
• on which the party pleading relies for his claim or defence
– but not the evidence by which they are to be proved

• Every pleading – shall be divided into paragraphs numbered consecutively – each allegation being contained in a separate paragraph

• Dates, sums and numbers – shall be expressed in a pleading in figures as well as in words

📍 Pleading to be signed (Rule 14)

• Every pleading shall be signed – by the party and his pleader

• Where – a party pleading is unable to sign the pleading – by reason of absence or for other good cause – it may be signed – by any person duly authorized by him to sign it or – to sue or defend on his behalf

📍 Verification of pleadings (Rule 15)

• Every pleading shall be verified at the foot – by the party or by one of the parties pleading or – by some other person to be acquainted with facts of the case

• Person verifying – shall specify by reference to the numbered paragraphs of pleading – what he verifies of his own knowledge and – what he verifies upon information received and believed to be true

• Verification – shall be signed by the person making it and – shall state the date on which and the place at which it was signed

📍 AMENDMENT OF PLEADINGS (Rule 17)

• Court may at any stage of proceedings – allow either party to alter or amend his pleadings – in such manner and on such terms as may be just

• All such amendments shall be made – as may be necessary for determining real questions in controversy between the parties

Proviso (w.e.f. 1-7-2002)
• No application for amendment – shall be allowed after trial has commenced – unless – Court comes to the conclusion – that in spite of due diligence the party could not have raised the matter before commencement of trial

📝 Explanatory Notes by DLA — The Law of Amendment of Pleadings

🔹 Case 1: Cropper v. Smith [1884]

• Principal reasons that have led to the above rule are, first, that the object of courts and rules of procedure is to decide the rights of the parties and not to punish them for their mistakes.

🔹 Case 2: Jai Jai Ram Manohar Lal v. National Bldg. Material Supply [1969 SC]

• Manohar Lal s/o Jai Jai Ram commenced an action in Nainital for a decree for Rs. 10,139 being the value of timber supplied to the defendant – the National Building Material Supply, Gurgaon.

• The action was initiated in the name of “Jai Jai Ram Manohar Lal” which was the name in which the business was carried on.

• Plaintiff applied for leave to amend the plaint.

• Manohar Lal stated that the business name of the plaintiff is Jai Jai Ram Manohar Lal and therein Manohar Lal the owner and proprietor is clearly shown and named.

• The Subordinate Judge granted leave to amend the plaint.

• He observed that there was no doubt that the real plaintiff was Manohar Lal himself, that it was Manohar Lal who intended to file and did in fact file the action, and that the amendment was intended to bring what in effect had been done in conformity with what in fact should have been done.

The law
• Rules of procedure are intended to be a handmaid to the administration of justice.

• A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure.

• The Court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide or that by his blunder he had caused injury to his opponent which may not be compensated for by an order of costs.

• However negligent or careless may have been the first omission, and, however late the proposed amendment, the amendment may be allowed if it can be made without injustice to the other side.

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❓ Frequently Asked Questions (Order VI CPC)