Overview of Fundamental Rules of Pleading Code of Civil Procedure, 1908, Civil Law in India

  • BRIJ BIHARI PRASAD Student of B.Com, LL.B (HONS)*, 10th semester, Faculty of Law, Dr. Shakuntala Misra National Rehabilitation University, Lucknow

Abstract

Litigation before court is initiated as well as responded by oral submission and written submission. The parties of case shall have to produce documents either for claim or response (or defense) in proper format and in compliance of provisions for the time being in force. Pleading is written document, which is filed by each party of the case. It may be either for claiming relief by one party or, it may be for taking defense by other party. The principles of pleading shall have to be complied with. There are four fundamental rules of pleading. Pleadings should state facts and not law, which means provisions of law or conclusion of laws should not be mentioned. The facts stated in pleadings should be material facts, which means only facts, on which cause of action or defense depends, should be mentioned. Pleadings should not state the evidence, which means facts or evidence to prove material facts needs not be mentioned. And lastly, the facts in pleadings should be stated in a concise form that could be obtained by omitting unnecessary facts or detail and without presence of ambiguity and weakness. However, there are also ‘other rules of pleading’, which make ‘the role of fundamental rule of pleading’ to be complete. The entire rules of pleading including plaint and written statement shall have to be complied with under Order VI, Order VII and Order VIII of Code of Civil Procedure, 1909.

Published
2020-02-29
How to Cite
PRASAD, BRIJ BIHARI. Overview of Fundamental Rules of Pleading Code of Civil Procedure, 1908, Civil Law in India. Journal of Human Rights Law and Practice, [S.l.], v. 3, n. 1, p. 1-9, feb. 2020. Available at: <http://lawjournals.stmjournals.in/index.php/jhrlp/article/view/488>. Date accessed: 04 apr. 2020. doi: https://doi.org/10.37591/jhrlp.v3i1.488.