B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2018 Jun Question Paper with Solutions

For full marks, cover: what a pleading is (Order VI Rule 1) and why rules govern it; the four general rules in Rule 2(1) (facts, not law; material facts only; not evidence; concise form), with examples and Ram Sarup Gupta on reading pleadings for substance; the form rules in Rule 2(2) and (3) and Rule 3; the other rules: particulars of fraud and the like (Rule 4, Afsar Shaikh), condition precedent (Rule 6), no departure (Rule 7), denial of a contract (Rule 8), documents, state of mind, notice, implied contracts and presumptions (Rules 9 to 13); signing, address and verification (Rules 14, 14A, 15, 15A, Vidyawati Gupta); striking out and amendment (Rules 16 to 18, Vidyabai); the result of a case not pleaded (Bachhaj Nahar); a table.

What a pleading is

Under Order VI Rule 1 of the Code of Civil Procedure 1908, "Pleading" means a plaint or a written statement. The plaint states the plaintiff's case and the written statement states the defendant's reply. Order VI lays down rules that apply to both.

Rule 3: plead facts, not evidence. The pleading states what is to be proved, not how. "The loan was repaid in cash on 1 July 2024" is a fact. The names of the witnesses present, or the receipt that proves the payment, are evidence, and belong in the trial.

Rule 4: plead concisely. The facts must be stated "in a concise form". Long arguments, repetition and quotations from judgments have no place in a pleading.

Pleadings are read for substance

In Ram Sarup Gupta v. Bishun Narain Inter College, (1987) 2 SCC 555, the defendant had not used the exact word "licence" to describe its right in the land. The Supreme Court held on 8 April 1987 that pleadings must be read liberally, looking at their substance and not their form. If the facts constituting a plea are stated, the plea is raised even without the precise label. But the material facts must be there, and no evidence can be looked at on a plea never raised.

Rules of form

1. Paragraphs (Rule 2(2)). The pleading is divided into numbered paragraphs, each allegation in a separate paragraph so far as convenient.

Condition precedent (Rule 6). If a party means to dispute that a condition precedent was performed, he must say so distinctly. Otherwise the performance of every condition precedent is implied. A defendant who says no notice was given before suit must plead it.

No departure (Rule 7). Except by amendment, a pleading cannot raise a new ground of claim, or allege facts inconsistent with the party's earlier pleading.

Denial of a contract (Rule 8). A bare denial of a contract denies only that it was made. It does not deny its legality or legal sufficiency, which must be pleaded separately.

Documents (Rule 9). The effect of a document is stated briefly, unless its precise words are material.

State of mind and notice (Rules 10 and 11). Malice, fraudulent intention, knowledge or notice may be alleged as a fact, without setting out the circumstances from which it is inferred.

Implied contract (Rule 12). A contract implied from letters or conduct may be alleged as a fact, with a general reference to them. Alternative contracts may be pleaded.

In Vidyawati Gupta v. Bhakti Hari Nayak, (2006) 2 SCC 777, a plaint on the Calcutta High Court's Original Side had not been verified as the amended Rule 15 required. The Supreme Court held that the requirement is procedural. A defect in verification, or a missing affidavit, can be cured, and does not make the plaint a nullity.

Striking out and amendment

Striking out (Rule 16). At any stage, the court may strike out or amend matter that is unnecessary, scandalous, frivolous or vexatious. It may do the same for matter that may prejudice, embarrass or delay a fair trial, or is an abuse of process.

Amendment (Rule 17). At any stage the court may allow a party to amend his pleading, so that the real questions in controversy can be decided. The proviso adds a limit. After the trial has begun, an amendment is allowed only if the party could not have raised the matter earlier despite due diligence.

In Vidyabai v. Padmalatha, (2009) 2 SCC 409, an amendment was sought after the trial had begun. The Supreme Court held that the proviso is mandatory. The court must find that the party could not have raised the matter earlier despite due diligence, before allowing it. The trial begins when an affidavit of evidence in chief is filed.

Conclusion. The general rules of pleading are in Order VI Rule 2(1). A pleading states the material facts, concisely, and not the law or the evidence. It is read for its substance, as Ram Sarup Gupta holds. Charges of fraud or undue influence need full particulars, as Afsar Shaikh holds. Every pleading must be signed and verified, though a defect in verification can be cured, as Vidyawati Gupta holds. Amendment is freely allowed before trial, but after it begins only on due diligence, as Vidyabai holds. A court cannot decide a case that was never pleaded, as Bachhaj Nahar shows.