Skip to main content

Material facts, cause of action, nexus thereof

a)      In order to commence a legal action, the person must have some real grievance against any person, i.e. he must claim that his rights, whether under the law, or under the contract, or under equity, or under the common law or customs, is infringed; or must say that law has been breached to his prejudice.

b)      A heavy burden is ordinarily cast upon the Person who invokes the jurisdiction of the Court, claiming that his rights have been infringed or the law is breached to his prejudice; and he has to make out a clear cut case for the reliefs he claim / pray for.

c)      Narration of material “Facts of the Case” is the “backbone” of any litigation; and is perhaps one of the most important skills of the draftsman, and which really decides the “fate” and “length” of the concerned litigation. Therefore, it is of core importance to understand what really constitute “Material Facts of the Case”.

d)     The question may arise as what constitutes “Material facts of the case”. But before dealing with Material facts, we may understand well what are “Facts of the case”.

e)      “Facts of the case” are “chain of events” which has ultimately resulted in the dispute / resulted in accrual of Right or Reason for a person to adopt legal action. However, not all facts of the case are “Material facts of the case”.

f)       Almost, in every dispute / alleged infringement of right, the suffering party is entitled for one or more reliefs which he may lawfully obtain from the Court of law.

g)      “Material facts of the case” has a direct nexus with “Principal nature of relief” which is sought to be obtained from the concerned Court of law; and the “Principal nature of relief” sought to be obtained from the concerned Court of law would determine “Material facts of that case”.

h)      “Material facts of the case” are only those facts which if proved by the party, will entitle the said party to claim the Principal and incidental reliefs against the other, from the concerned Court of law.

i)        The O.6 R.2 of CPC says that every pleading (Plaint and Written statement) shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defense, as the case may be, but not the evidence by which they are to be proved.

j)        In this write up, I am trying to assess what is the scope of “material facts of the case”.

k)      THE acts and omissions of the parties prior to the filing of the Suit; and nature of legal obligations voluntarily / or under the law, incurred by the parties against each other, ordinarily may constitute “Material facts of the Case”.

l)        AND, it may further be appreciated that, what is required to be set out in the Plaint / Written statement, are the “material facts of the case”, i.e. the facts which have immediate / close nexus with the Reliefs claimed in the Plaint.

m)    Like for example, in a dispute between Husband & Wife over allegations of cruelty, wherein the Wife registers complaint before the Police, and the Police, unlawfully and without following the due process of law, arrest / detains the Husband and his relatives; and therefore, if a Suit for damages for misuse of powers / illegal arrest and confinement (Articles 72/73/74 of Limitation Act, 1963), is to be filed against the State Govt., then material facts for the said Suit would be the “fact of arrest / detention” and “fact of its patent illegality. In the said Suit, the facts of allegations or denial of cruelty may not be elaborately set out. Those facts of cruelty may be of relevance in a case for divorce Petition or in alike proceedings.

n)      AND, it is of equal significance to import maximum objectivity in the Pleadings which will invariably struck the opposite party to deal with the allegations made in the Plaint / WS; and failure to explain and the mere denial of fact by the opposite party, may amount to admission of fact, and may result in the conclusion of the proceedings, by virtue of “judgment on admission”, as provided under O.12 R.6 of CPC or rejection of Plaint as provided under O.7 R.11(a) to (d); and if the facts alleged are denied with false defense, the opposite party may be subjected to criminal prosecution of perjury, as provided under S.191., 193, 199 of Indian Penal Code, for which proceedings may be adopted u/s 340 r/w 195 of CrPC.

o)      Further, in the absence of “required pleadings”, the Plaint may be wanting in “Material proposition of fact” [contemplated under O.14 R.1(2)] which the Plaintiff must prove (if disputed by the adversary) in order to claim reliefs; and therefore no issues could be framed if the pleadings are alleged to be wanting in specific details, or alleged to be vague or general in nature. “Material proposition” appears to be such proposition of facts which are peculiar to each kind of Suits, which must be alleged to exist in the Plaint to claim relief.

p)      AND, whereas what material facts are to be pleaded, would of course depend upon the nature of relief claimed / prayed for, however, the judicially ascertained definition of “cause of action” would furnish a brilliant answer as what should be pleaded in the Plaint / WS. Let us look at Cause of action.

q)      In order to commence a legal action, the person must have some real grievance against the person, which is the foundation of any legal action, i.e. he must claim that his rights, whether under the law, or under the contract, or under equity, or under the common law or customs, is infringed.

r)       Broadly speaking, Cause of action has two dimensions, one, the accrual of cause of action, i.e. that moment of time when the rights of the Person is infringed and such infringement of right entitles him to move the Court of law, although he may choose not to move the Court immediately; like for example, a Persons sells goods and raise Invoice, dated 01.01.2014, and where the terms of payment agreed was 7 days from the date of Invoice; and therefore, if the payment is not made by 08.01.2014 (7 whole days would be calculated from 02.01.2014 to 08.01.2014), the Seller will have accrual of “Cause of action” on 09.01.2014; And second, cause of action means, the bundle of facts which are necessary (sufficient) to prove by the Plaintiff, to claim a decree from the court; or to say, every fact, which, if traversed, it would be necessary for the Plaintiff to prove, in order to support his right to the judgment of the Court.

s)       From the second definition, it also follows that the Plaintiff is not obliged to prove every fact which is being “disputed” by the defendant; and he is required to prove only those facts which are “necessary”, in order to support his right to the judgment of the Court. The expression “material facts” is also known as “Integral facts”. (2007) 6 SCC 769 – Paras 40, 41.

t)       Therefore, in the backdrop of reliefs he is claiming, it is for the Plaintiff to ascertain, the facts he has to prove, to authoritatively ask for judgment in his favour; and therefore must clearly set out in his pleadings, those facts. The pleadings, as far as possible, must be supported by documentary evidences [O.7 R.14; O.8 R.1A] available under the law.

u)      And, so as to have comprehensive understanding of pleadings, regard may be had to mandate of O.7 R.1(e), O.14 R.1(2) and O.7 R.14 and O.8 R.1A.

v)      O.7 R.1(e) mandates that Plaint shall contain the facts “constituting the cause of action”, and when it arose;

w)    O.14 R.1(2) mandates that the Plaintiff must lay down the Material propositions of fact in order to show that he has a right to sue, so that an issue may be framed by the Court, if the said proposition of fact is disputed by the defendant. Further, the right must be subsisting on the date of filing of the Suit.

x)      O.7 R.14 / O.8 R.1A mandates that where a plaintiff / Defendant sues / rely upon a document or relies upon document in his possession or power, in support of his claim / defense, he shall annex the same along with the Plaint / WS; and where any such document is not in the possession or power of the plaintiff / Defendant, they shall, wherever possible, state in whose possession or power it is.

y)      And whereas issues are framed on the basis of pleadings of the parties, and issues [O.14 R.1(5)] can only be framed, when the Court finds that required evidentiary foundation is laid down in the pleadings to prove a “disputed fact”. If the facts are merely pleaded or disputed by the party in his pleading, without any basis or grounds, the Court is not bound to frame issue on the said disputed fact; and the relief claimed by the Plaintiff may be denied on the basis of such pleading; or the fact if disputed but grounds for such dispute if not set out in the WS, the said fact may said to be admitted by the defendant.

z)      In this respect, it is also useful to look into the definition of “fact”, “facts in issue”, “evidence” provided u/s 3 of Evidence Act; and mandate of section 5 of Evidence Act, which states that Evidence may be given in any suit or proceedings of every fact in issue and that of such other facts as are hereinafter declared to be relevant, and of no others.

S.3: "Evidence""Evidence" means and includes: All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence; all documents including electronic records produced for the inspection of the Court, such documents are called documentary evidence.

S. 5: Evidence may be given of facts in issue and relevant facts: Evidence may be given in any suit or proceedings of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.

S.3: "Fact".-"Fact" means and includes: Anything, state of things, or relation of things, capable of being perceived by the senses; any mental condition of which any person is conscious.

S.3: "Facts in issue".-The expression "facts in issue" means and includes- any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.

aa)   The “Fact” implies– something that actually exists; an aspect of reality; an actual or alleged event or circumstance, as distinguished from its legal effect, consequence or interpretation; an evil deed; a crime. (Source: Blacks Law dictionary). It is also very essential to appreciate the distinction between “Facts” and “Facts in issue”.

bb)  The “Facts” are principal facts; and the trial court while appreciating the evidence adduced (“facts in issue” / “relevant facts”) would record a finding to the existence or non existence of the alleged “fact”; and the said process may also be termed as “finding of fact” or a fact “proved / disproved / not proved”.

cc)   It is essential to appreciate the distinction between “Facts” and “Facts in issue”.

dd) “Facts in issue” are those facts by which the existence of principal facts are sought to be established; are also known as “predicate fact”, from which presumption or inference arises, also termed as fundamental fact or evidentiary fact. Facts in issue may also be referred to as Physical fact: a fact having a physical existence, such as finger print left at a crime scene. Also known as Primary facts: a fact, which can be established by direct testimony and from which inferences are made, leading to ultimate facts. (Source: Blacks Law Dictionary)

ee)   Facts in issue are those facts which are so closely and intimately attached to the “Issue”; and by the natural inference from which the existence / non-existence of said “issue” may be determined.

ff)    The mandate of S.5 of the Evidence Act may be instructive in this respect which says that evidence may be given of “facts in issue” and of “relevant facts”, and of no others [Sections 6 to 55 of Evidence Act]. It is also well settled that the party leading any evidence, must in the first instance, plead such facts, and then only he is allowed to lead evidence on such fact. [(2014) 5 MhLJ 233] (2010) 1 SCC 466; (2007) 10 SCC 21, 27; (1999) 4 SCC 403; (1999) 8 SCC 692; AIR 2012 SC 264. AND, therefore, “Facts in Issue” and “Relevant Facts” also constitute material facts of the case and must also be pleaded, alongwith principal facts.

gg)  Therefore, a heavy burden is cast upon the Plaintiff who invokes the jurisdiction of the Court, to make out a clear cut case for the reliefs he claims; and my brief experience shows that a frivolous Suit would always be wanting in “pleading of material facts”, and the Plaint may liable to be rejected as provided under O.7 R.11(a) to (d), as the case may be; and in every Application under O.7 R.11(a), it must be shown that, in the chain of events, Plaintiff is obliged to prove “this fact” to claim “this Relief”, and the said “this fact” is not “duly” pleaded in the Plaint; and therefore, the Plaint does not disclose cause of action. “Duly” implies a fact which is pleaded and which is supported by applicable / required documentary evidence, upon which the Court can frame an “issue” if the said fact is disputed;

hh)  And if the Plaintiff makes out a good case, the burden then falls upon the Defendant to “traverse” the material facts; and his failure to adequately “traverse” the material facts, as provided under O.8 Rr.1A, 3, 4, and 5, may entitle the Plaintiff to claim decree based on the mandate of O.12 R.6, r/w O.15, r/w Sections 17 and 58 of Evidence Act.

ii)      While deciding O.7 R.11 Applications, whilst WS may not be looked into, at the same time, for the purpose of securing that Plaint discloses complete cause of action, it may be presumed that everything stated in the Plaint is denied in the WS, and then, based on this presumption, the Court may see, Principal issues which invariably arises in the nature of Suit which is filed, if can be framed. It may be appreciated that “Issues” can only be framed where the Party adduces sufficient evidence (documentary or otherwise) in support of his plea, in the Plaint.

jj)      Therefore, in every litigation, the Plaintiff must discern / make himself duly acquainted with, as which set of facts he must prove, so as to authoritatively ask for the relief he is claiming; and more so, it is important for the defendant to discern / make out those “set of facts” which must be pleaded and proved by the Plaintiff, before he can authoritatively ask for judgment in his favour, for, if the Plaintiff fails to plead or prove even one fact among those “set of facts”, may render the case of the Plaintiff “fall”.

kk)     In my limited understanding of things, a broad approach to drafting of any case may be undertaken in three chronological “Heads” –
                                i.            Reliefs prayed for / claimed;
                              ii.            Grounds for Reliefs prayed / claimed for; (both factual and legal);
                            iii.            Narration of Facts substantiating the said grounds. Further, there would be narration of such facts, which would lay foundation for “material facts of the case”.

ll)  It is of central importance that any Relief prayed for / claimed, must be duly articulated, keeping in mind (a) the jurisdiction of the concerned court, where the case is sought to be instituted; (b) the rights / interest claimed of, by the Plaintiff/Petitioner/ Complainant; (c) the obligations and liabilities of the opposite parties / defendant alleged of;

mm)      Further, every principal Relief claimed, must be supported by sufficient grounds, to make a strong case for the entitlement of the said Relief and further claim of consequential reliefs thereupon;

nn)                                                                                  Grounds for Reliefs prayed for / claimed, implies (a) the essence / conclusion of material facts; and (b) other legal provisions which supports the reliefs prayed / claimed.

oo)  Also, Courts exercises limited jurisdiction, in respect of certain Applications, wherein the provision of law itself prescribes the conditions, on the satisfaction of which, the court may exercise its jurisdiction. Like for example, in Civil Revision Application, conditions prescribed for exercising jurisdiction are narrated in Section 115 itself. Likewise, there could be Review Applications, Application for condonation of delay, Bail Applications, Criminal Revision Application, Application u/s 482 of CrPC, 1973 and so on.

pp)  Also, while claiming any relief under Specific Relief Act, 1963, the said Act also indicates the conditions to be satisfied with, while claiming respective relief. In fact, in the exercise of every jurisdiction, the conditions to be satisfied with, for the exercise of said jurisdiction by the Court, are provided in the concerned Section / Article itself, which confers jurisdiction upon the Court to entertain the concerned Application / Suit / Petition. Further, Appendix A, annexed to CPC, 1908, may be of great assistance in this respect.

The great importance of adequate and necessary pleadings in Civil litigation was emphasized by Supreme Court in recent two judgments. The relevant portion of the judgment is produced hereinafter.

Maria Margarida Judg of Supreme Court in March 2012. [AIR 2012 SC 1727:(2012) 5 SCC 370]

Para 39: Certainly, the above, is not true of the Indian Judicial system. A judge in the Indian System has to be regarded as failing to exercise its jurisdiction and thereby discharging its judicial duty, if in the guise of remaining neutral, he opts to remain passive to the proceedings before him. He has to always keep in mind that "every trial is a voyage of discovery in which truth is the quest". In order to bring on record the relevant fact, he has to play an active role; no doubt within the bounds of the statutorily defined procedural law.

Para 42: In civil cases, adherence to Section 30 CPC would also help in ascertaining the truth. It seems that this provision which ought to be frequently used is rarely pressed in service by our judicial officers and judges. Section 30 CPC reads as under:-

Section 30. Power to order discovery and the like. - Subject to such conditions and limitations as may be prescribed, the Court may, at any time either of its own motion or on the application of any party, - (a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
(b) issue summons to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit

Para 52: Truth is the foundation of justice. It must be the endeavour of all the judicial officers and judges to ascertain truth in every matter and no stone should be left unturned in achieving this object. Courts must give greater emphasis on the veracity of pleadings and documents in order to ascertain the truth.

Para 53: Pleadings are the foundation of litigation. In pleadings, only the necessary and relevant material must be included and unnecessary and irrelevant material must be excluded. Pleadings are given utmost importance in similar systems of adjudication, such as, the United Kingdom and the United States of America.

Para 64: There is a presumption that possession of a person, other than the owner, if at all it is to be called possession, is permissive on behalf of the title-holder. Further, possession of the past is one thing, and the right to remain or continue in future is another thing. It is the latter which is usually more in controversy than the former, and it is the latter which has seen much abuse and misuse before the Courts.

Para 67: In an action for recovery of possession of immovable property, or for protecting possession thereof, upon the legal title to the property being established, the possession or occupation of the property by a person other than the holder of the legal title will be presumed to have been under and in subordination to the legal title, and it will be for the person resisting a claim for recovery of possession or claiming a right to continue in possession, to establish that he has such a right. To put it differently, wherever pleadings and documents establish title to a particular property and possession is in question, it will be for the person in possession to give sufficiently detailed pleadings, particulars and documents to support his claim in order to continue in possession.

Para 69: The person averring a right to continue in possession shall, as far as possible, give a detailed particularized specific pleading along with documents to support his claim and details of subsequent conduct which establish his possession.

Para 70: It would be imperative that one who claims possession must give all such details as enumerated hereunder. They are only illustrative and not exhaustive.
(a) who is or are the owner or owners of the property;
(b) title of the property;
(c) who is in possession of the title documents
(d) identity of the claimant or claimants to possession;
(e) the date of entry into possession;
(f) how he came into possession - whether he purchased the property or inherited or got the same in gift or by any other method;
(g) in case he purchased the property, what is the consideration; if he has taken it on rent, how much is the rent, license fee or lease amount;
(h) If taken on rent, license fee or lease - then insist on rent deed, license deed or lease deed;
(i) who are the persons in possession/occupation or otherwise living with him, in what capacity; as family members, friends or servants etc.;
(j) subsequent conduct, i.e., any event which might have extinguished his entitlement to possession or caused shift therein; and
(k) basis of his claim that not to deliver possession but continue in possession.

Para 71: Apart from these pleadings, the Court must insist on documentary proof in support of the pleadings. All those documents would be relevant which come into existence after the transfer of title or possession or the encumbrance as is claimed. While dealing with the civil suits, at the threshold, the Court must carefully and critically examine pleadings and documents.

Para 72: The Court will examine the pleadings for specificity as also the supporting material for sufficiency and then pass appropriate orders.

Para 73: Discovery and production of documents and answers to interrogatories, together with an approach of considering what in ordinary course of human affairs is more likely to have been the probability, will prevent many a false claims or defences from sailing beyond the stage for issues.

Para 74: If the pleadings do not give sufficient details, they will not raise an issue, and the Court can reject the claim or pass a decree on admission.

Para 75: On vague pleadings, no issue arises. Only when he so establishes, does the question of framing an issue arise. Framing of issues is an extremely important stage in a civil trial. Judges are expected to carefully examine the pleadings and documents before framing of issues in a given case.

Para 78: The Court must ensure that pleadings of a case must contain sufficient particulars. Insistence on details reduces the ability to put forward a non-existent or false claim or defence.

Para 79: In dealing with a civil case, pleadings, title documents and relevant records play a vital role and that would ordinarily decide the fate of the case.

Para 80: It is a settled principle of law that no one can take law in his own hands. Even a trespasser in settled possession cannot be dispossessed without recourse of law. It must be the endeavour of the Court that if a suit for mandatory injunction is filed, then it is its bounden duty and obligation to critically examine the pleadings and documents and pass an order of injunction while taking pragmatic realities including prevalent market rent of similar premises in similar localities in consideration. The Court's primary concern has to be to do substantial justice. Even if the Court in an extraordinary case decides to grant ex-parte ad interim injunction in favour of the plaintiff who does not have a clear title, then at least the plaintiff be directed to give an undertaking that in case the suit is ultimately dismissed, then he would be required to pay market rent of the property from the date when an ad interim injunction was obtained by him. It is the duty and the obligation of the Court to at least dispose off application of grant of injunction as expeditiously as possible. It is the demand of equity and justice.

Para 81: Due process of law means nobody ought to be condemned unheard. The due process of law means a person in settled possession will not be dispossessed except by due process of law. Due process means an opportunity for the defendant to file pleadings including written statement and documents before the Court of law. It does not mean the whole trial. Due process of law is satisfied the moment rights of the parties are adjudicated by a competent Court.

Para 82: The High Court of Delhi in a case Thomas Cook (India) Limited V/s. Hotel Imperial 2006 (88) DRJ 545 held as under:
"28. The expressions `due process of law', `due course of law' and `recourse to law' have been interchangeably used in the decisions referred to above which say that the settled possession of even a person in unlawful possession cannot be disturbed `forcibly' by the true owner taking law in his own hands. All these expressions, however, mean the same thing -- ejectment from settled possession can only be had by recourse to a court of law. Clearly, `due process of law' or `due course of law', here, simply mean that a person in settled possession cannot be ejected without a court of law having adjudicated upon his rights qua the true owner.

Now, this `due process' or `due course' condition is satisfied the moment the rights of the parties are adjudicated upon by a court of competent jurisdiction. It does not matter who brought the action to court. It could be the owner in an action for enforcement of his right to eject the person in unlawful possession. It could be the person who is sought to be ejected, in an action preventing the owner from ejecting him. Whether the action is for enforcement of a right (recovery of possession) or protection of a right (injunction against dispossession), is not of much consequence. What is important is that in either event it is an action before the court and the court adjudicates upon it. If that is done then, the `bare minimum' requirement of `due process' or `due course' of law would stand satisfied as recourse to law would have been taken. In this context, when a party approaches a court seeking a protective remedy such as an injunction and it fails in setting up a good case, can it then say that the other party must now institute an action in a court of law for enforcing his rights i.e., for taking back something from the first party who holds it unlawfully, and, till such time, the court hearing the injunction action must grant an injunction anyway? I would think not. In any event, the `recourse to law' stipulation stands satisfied when a judicial determination is made with regard to the first party's protective action. Thus, in the present case, the plaintiff's failure to make out a case for an injunction does not mean that its consequent cessation of user of the said two rooms would have been brought about without recourse to law."

Para 84: False claims and defences are really serious problems with real estate litigation, predominantly because of ever escalating prices of the real estate. Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount. This happens because of the enormous delay in adjudication of cases in our Courts. If pragmatic approach is adopted, then this problem can be minimized to a large extent.

Para 85: This Court in a recent judgment in Ramrameshwari Devi and Others (supra) aptly observed at page 266 that unless wrongdoers are denied profit from frivolous litigation, it would be difficult to prevent it. In order to curb uncalled for and frivolous litigation, the Courts have to ensure that there is no incentive or motive for uncalled for litigation. It is a matter of common experience that Court's otherwise scarce time is consumed or more appropriately, wasted in a large number of uncalled for cases. In this very judgment, the Court provided that this problem can be solved or at least be minimized if exemplary cost is imposed for instituting frivolous litigation. The Court observed at pages 267-268 that imposition of actual, realistic or proper costs and/or ordering prosecution in appropriate cases would go a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants. Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases, the Courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings.


Ramrameshwari Devi Judg of SC in July, 2011. [(2011) 8 SCC 249]

Para 31: The learned Amicus Curiae has taken great pains in giving details of how the case has proceeded in the trial court by reproducing the entire court orders of 1992 suit. In order to properly comprehend the functioning of the trial courts, while dealing with civil cases, we deem it appropriate to reproduce the order sheets of 1992 suit. This is a typical example of how a usual civil trial proceeds in our courts. The credibility of entire judiciary is at stake unless effective remedial steps are taken without further loss of time. Though original litigation and the appeal which commenced from 1977 but in order to avoid expanding the scope of these appeals, we are dealing only with the second litigation which commenced in 1992.

Para 43: Framing of issues is a very important stage in the civil litigation and it is the bounden duty of the court that due care, caution, diligence and attention must be bestowed by the learned Presiding Judge while framing of issues.

Para 44: In the instant case when the entire question of title has been determined by the High Court and the Special Leave Petition against that judgment has been dismissed by this court, thereafter the trial court ought not to have framed such an issue on a point which has been finally determined upto this Court. In any case, the same was exclusively barred by the principles of res judicata. That clearly demonstrates total non-application of mind.

Para 45: We have carefully examined the written submissions of the learned Amicus Curiae and learned counsel for the parties. We are clearly of the view that unless we ensure that wrong- doers are denied profit or undue benefit from the frivolous litigation, it would be difficult to control frivolous and uncalled for litigations. In order to curb uncalled for and frivolous litigation, the courts have to ensure that there is no incentive or motive for uncalled for litigation. It is a matter of common experience that court's otherwise scarce and valuable time is consumed or more appropriately wasted in a large number of uncalled for cases.

Para 52: The main question which arises for our consideration is whether the prevailing delay in civil litigation can be curbed? In our considered opinion the existing system can be drastically changed or improved if the following steps are taken by the trial courts while dealing with the civil trials.

A. Pleadings are foundation of the claims of parties. Civil litigation is largely based on documents. It is the bounden duty and obligation of the trial judge to carefully scrutinize, check and verify the pleadings and the documents filed by the parties. This must be done immediately after civil suits are filed.

B. The Court should resort to discovery and production of documents and interrogatories at the earliest according to the object of the Act. If this exercise is carefully carried out, it would focus the controversies involved in the case and help the court in arriving at truth of the matter and doing substantial justice.

C. Imposition of actual, realistic or proper costs and or ordering prosecution would go a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants. Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings.

D. The Court must adopt realistic and pragmatic approach in granting mesne profits. The Court must carefully keep in view the ground realities while granting mesne profits.

E. The courts should be extremely careful and cautious in granting ex-parte ad interim injunctions or stay orders. Ordinarily short notice should be issued to the defendants or respondents and only after hearing concerned parties appropriate orders should be passed.

F. Litigants who obtained ex-parte ad interim injunction on the strength of false pleadings and forged documents should be adequately punished. No one should be allowed to abuse the process of the court.

G. The principle of restitution be fully applied in a pragmatic manner in order to do real and substantial justice.

H. Every case emanates from a human or a commercial problem and the Court must make serious endeavour to resolve the problem within the framework of law and in accordance with the well settled principles of law and justice.

I. If in a given case, ex parte injunction is granted, then the said application for grant of injunction should be disposed of on merits, after hearing both sides as expeditiously as may be possible on a priority basis and undue adjournments should be avoided.

J. At the time of filing of the plaint, the trial court should prepare complete schedule and fix dates for all the stages of the suit, right from filing of the written statement till pronouncement of judgment and the courts should strictly adhere to the said dates and the said time table as far as possible. If any interlocutory application is filed then the same be disposed of in between the said dates of hearings fixed in the said suit itself so that the date fixed for the main suit may not be disturbed.

Para 53: According to us, these aforementioned steps may help the courts to drastically improve the existing system of administration of civil litigation in our Courts. No doubt, it would take some time for the courts, litigants and the advocates to follow the aforesaid steps, but once it is observed across the country, then prevailing system of adjudication of civil courts is bound to improve.

Para 54: While imposing costs we have to take into consideration pragmatic realities and be realistic what the defendants or the respondents had to actually incur in contesting the litigation before different courts. We have to also broadly take into consideration the prevalent fee structure of the lawyers and other miscellaneous expenses which have to be incurred towards drafting and filing of the counter affidavit, miscellaneous charges towards typing, photocopying, court fee etc.

Para 55: The other factor which should not be forgotten while imposing costs is for how long the defendants or respondents were compelled to contest and defend the litigation in various courts. The appellants in the instant case have harassed the respondents to the hilt for four decades in a totally frivolous and dishonest litigation in various courts. The appellants have also wasted judicial time of the various courts for the last 40 years.


Ideally, for one’s case to be disposed of at the earliest time period, ordinarily, the case must fall within the four corners of either of the proposition –

(a) "There are No disputed facts", that is to say, "there is no dispute as to material facts of the case";
(b) The Plaintiff / Petitioner / Complainant has no “Cause of action”, that is to say, Plaintiff / Petitioner / Complainant has no “Right or Reason” to adopt legal action against the Respondent / Defendant / Opposite party;
(c) The case filed by the Plaintiff / Petitioner / Complainant is barred by any law in force;
(d) The Court in which the case is filed has no jurisdiction;
(e) The case is barred by law of limitation;
(f) The case is barred by Res Judicata;
(f) The list above, is illustrative, and there might be many more propositions.

For the case to fall within the four corners of aforesaid either of the propositions, the Pleadings of the party concerned, must be so drafted, so as to separate “Material facts” from "rest of alleged other facts and submissions", thereby making the case based on either of the aforesaid propositions.

 When material facts of the case are self evident / unambiguously admitted / not disputed, “expressly” or by natural inference to the undisputed facts, than by applying under, applicable legal provisions, one may seek the immediate adjudication of his case.

The aforesaid either of propositions may also be asserted by employing applicable legal principles and doctrines, to the material facts of the case. Some of Legal principles and doctrines - Admissions, Confessions, Judicial Notice of fact, Estoppel, Res Judicata, Demurer, Issue Estoppel, Cause of action, Limitation, Rule of law, Equality before law, Merger, Equal protection of law, Waiver, Acquiescence, good faith,  etc.

Rich jurisprudence cultivated for about in last 62 years in the form of Binding precedents of HC (Articles 227, 235, 215) and SC (Articles 129, 141), vis-a-vis to Contempt by Judges of Subordinate Courts (S. 16 of Contempt of Courts Act, 1971).


Wherein it is alleged by the Plaintiff / Petitioner / Complainant  that Respondent / Defendant / Opposite party has in any way made false statements / false declarations in his pleadings or has filed false Affidavit or has filed a forged document; or wherein it is alleged by the Respondent / Defendant / Opposite party that Plaintiff / Petitioner / Complainant has made a false claim, and/or that Plaintiff / Petitioner / Complainant has made false statements / false declarations in his pleadings or has filed false Affidavit or has filed a forged document or has suppressed material facts in the pleadings; Please refer following links:




Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.
Tap “Lawyer” in your Cell to explore.

Thank you.

Comments

Popular posts from this blog

The Commercial Courts / Suits - Pleadings and Procedure

The Commercial Courts, Act, 2015 – A broad framework In order to ensure speedy disposal of disputes which arises from commercial transactions involving high value, the Parliament of India has come out with a unique legislation namely, The Commercial Courts, Act, 2015; wherein Commercial Courts / Divisions are to be constituted in the existing district Courts and in High Courts; and wherein disputes arising from specified commercial dealings involving claim of Rs.1.00 Crore or above would be adjudicated by these newly constituted commercial Courts / Divisions. By virtue of recent Amendments, the limit of Rs.1.00 crore has been reduced to Rs.3.00 Lakhs; and accordingly claims relating to commercial disputes involving Rs.3.00 Lakhs could now be maintainable under this special regime.  And accordingly, the Code of Civil Procedure, 1908, is substantially amended, wherein new Order XIII-A and XV-A are inserted, apart from new Order XI, Sections 35 for costs, Verification of Plea

Leading Evidence during trial

1.       In case where the accused refused to plead guilty of the offence to which he is charged with, and claims to be tried, the Court calls upon the Prosecution / Complainant to lead all the evidences he has in support of his case. 2.       In criminal trial, the evidence are required to be led by the complainant and / or their witnesses by stepping into the witness box and illustrating / demonstrating to what they have witnessed. The Complainant is to examine before the Court, himself, and all other witnesses, who are “witness” to the crime, which is alleged to have been committed by the accused named in the complaint. This examination of himself and other prosecution witnesses is called “Examination – in – Chief. 3.       Giving evidence of facts is critical to any trial, be it civil trial or criminal trial. And therefore, it becomes imperative to understand the dynamics of evidence in legal sense. To put it simply, leading / giving evidence means, proving the exis

Form II under Rule 6 of Rules, 2006, framed under the impugned Act

Impugned Provision / other anomaly Breach of Section / Article FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the impugned Act Section 3 – Explanation II; Section 18, 19, 20, 22 and 23 of the impugned Act. Principles of natural justice. FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)     To The Court of Magistrate .................................... .................................... .................................... .................................... Application under section ........................ of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)            SHOWETH: That the application under section.................of Protection of Women from Domestic Violence Act, 2005 is being filed along with a copy of Domestic Incident Report by the: