Pleadings,
the backbone of a Litigation
The pleadings in the ordinary sense may mean the Statement
of Claim, filed by the Party approaching the Court of law, for the redressal of
breach of their rights. In the legal sense, the Pleadings is defined in the
CPC, 1908, as Plaint and the Written Statement, meaning thereby, the statement
of Claim filed by the Party approaching the Court of law, and the reply thereto
filed by the defending Parties.
Nature of Reliefs claimed, lies at the
heart of any litigation. These “Reliefs claimed” also decides the jurisdiction
of the Court / Tribunal, as whether it is competent for them to grant such
Reliefs. Further, every Relief which is being claimed presupposes the existence
of certain facts, which are required to be pleaded and proved. These may be
called material facts of the case.
Narration
of material “Facts of the Case” forms the “backbone” of any litigation, which really decides the “fate”
and “length” of the concerned litigation.
Material
facts: The material facts which are to be set
out in any proceeding would depend upon the nature of principal Reliefs which
are claimed. The Materiality of facts would always mean those “facts which are
material to the reliefs claimed”.
A material fact is that fact, which if proved (whether
solely or in connection with other facts), the inference would be drawn – (a)
of the existence of the (ingredient) of the right or the whole right itself,
which is asserted; or (b) of the existence of the (ingredient) of the liability
or the whole liability, which is attributed against the adversary. [Definition
of “facts in issue” contained in Indian Evidence Act, 1872]
“Material facts of
the case” are “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.
The other important principles of pleadings is that, the
Parties are required to set out only facts and not the evidence, by which those
facts are to be proved. Nevertheless, on occasions, it may be very difficult to
isolate a fact from the evidentiary fact, but nevertheless the distinction
between it, is real. The second principle is that, the Parties are required to
state only facts and not the law.
If any document is
relied upon, the substance / essence of the document may be stated in the
pleadings. The Pleadings should also contain the facts showing that the Court
has jurisdiction; the facts valuing the subject-matter of the suit for the
purposes of jurisdiction and of court-fees; the facts showing the cause of
action when arose, and a statement to the effect that Suit is filed within
prescribed period of limitation. The Party approaching the Court of law must
have sufficient locus to maintain the legal action. Necessary pleadings may be
set out in that behalf wherever applicable.
The Suit to include whole of the Claim: One of the other
important principles of Civil litigation is that, when any Suit is filed, the
Party approaching the Court of law, must claim all the reliefs which, it is
otherwise entitled to claim on the said cause of action. This principle is
based to prevent multiple litigation on the same cause of action. However, the
Plaintiff under certain circumstances, and with the leave of the Court under
O.2 R.2 of the CPC, 1908, may be permitted to file separate Suit in future, for
other reliefs which are not claimed in the present Suit on the said cause of
action.
The other important principle is that the entire Pleadings
are read as a whole; and the natural inferences may be drawn from every
averments / statements made in the pleadings, as whether they disclose a clear
right of the party, whether sufficient facts are pleaded in support of the
right and relief claimed, or the defense pleaded.
Further, assertion of any material fact must have legal
basis, that is to say, assertion of any fact cannot be in breach of, or
contrary to provisions of applicable law or in breach of binding judgments of
the High Courts or Apex Court, as no valid cause of action could accrue in such
backdrop. [AIR 2017 Civil Cases 3057]
The failure to set out requisite facts may render the Suit
proceedings liable to be rejected under Order 7 Rule 11(a) of the CPC, 1908.
Therefore, it is extremely important for the Plaintiffs to ascertain the facts
required to be pleaded, having regard to reliefs to be claimed from the Court
of law. A failure to disclose a single material fact, may render the Plaint
liable to be rejected under this Rule. [AIR 2016 Civil Cases 2693].
Curing
the defects: However, the
shortcomings in the disclosure of material facts in the pleadings, can be cured
by taking out Application under O.6 R.17 of the CPC, 1908; and the material
facts which have been left out, may be added in the original proceeding, to
complete the cause of action. [(2007) 15 SCC 52; 2017 (3) MhLJ 223, AIR 1999 SC
2044.]
Further, dismissal / rejection of proceeding does not
frustrate the substantive rights of the party, and the Party may file a fresh
proceeding by virtue of mandate of O.7 R.13, after curing the defects in the
Pleadings. Further, non Compliance to provisions of O.6 & O.7 doesn’t
render the Plaint invalid and such omissions are not only curable but also
dates back to the presentation of the Plaint.[ AIR 2006 SC 1194]
Further, the Plaintiffs claim if proved can be decreed, even
if prayer is wrongly worded. [2001 AIHC 777]
Pleadings
qua the adversary equally imposes significant obligations: The written statement of the
adversary must specifically deal with each allegation of fact set out in the
plaint (statement of claim); and when the defendant denies any such fact, he
must not do so evasively but answer the point of substance. If the denial of a
fact is not specific but evasive, then the assertion of fact in the Plaint is
taken to have been admitted. [O.8 R.3, 5] [AIR 1964 SC 538; (2000) 4 BCR 508]. Admission
on pleadings may be either express or constructive. [(1902) 26 Bom 735; AIR
1967 Del 22].
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; and
failure to explain and the mere denial of fact by the opposite party, may
amount to admission of fact (O.8 R.3, 4 and 5), and may result in the
conclusion of the proceedings, by virtue of “judgment on admission”, as
provided under O.12 R.6 of CPC; 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/ss 340 r/w 195 of CrPC.
Pleadings
and framing of Issues: Issues cannot be framed from vague and bald assertion
of facts, lacking in material particulars in the pleadings. [2008 (6) BCR 788; AIR
1965 Pat 279; AIR 1975 Bom 52; AIR 1930 PC 57; AIR 1959 Punj 297; AIR 1951 Pat
137; AIR 1950 PC 68, AIR 2012 SC 1727]. An issue as to the maintainability of
the Suit cannot be raised unless there are specific averments as to how and in
what circumstances it is not maintainable. [AIR 1971 Ass & Nag 143.]
Allegation of fraud, undue influence, misrepresentation and
coercion must be setforth in full particulars and not vaguely; allegation in
sweeping manner not enough. [O.6 R.4, CPC, 1908]. The general
allegations of negligence, fraud etc, without specifying the substance and
particulars regarding negligence or fraud do not constitute “fact”. A “Fact” is
something which is capable of being identified / perceived by our senses, and
which is independently capable of being proved;
Pleadings
and Evidence: The law is, first
plead and then prove. Therefore, it is absolutely not permissible in law, to
lead any evidence to prove a Fact, which was not pleaded / asserted in the
“pleadings”. Nor any such evidences can be considered by the trial Court. [AIR
2010 SC 24; AIR 1999 SC 1666; AIR 2000 SC 153; 2001
AIHC 3816, 3826 (Bom)]. When evidence is not in accordance with the Pleadings,
adverse inference is to be drawn against the Party. (2003) 8 SCC 740
There are no strict rules for Pleadings as regards Criminal
Complaints. The Complainant may mould his Pleadings as he deems fit, make all
necessary averments, so as to bring home the guilt of the accused beyond
reasonable doubt.
The need for precise and clear Pleadings is that each side
must be fully aware of the case which is being put up against him, which
enables him to meet the same in the trial. The most difficult task of a
draftsman, in my view is, to make the Pleadings, simple and effortless for
those it is meant for.
Quoting Lord Denning, to succeed in the profession of law,
one must seek to cultivate command over English language. Words are lawyer’s
tools of the trade. On the words you use, whether in addressing the judge, or
in a Will or Contract, or the Words you read in the statutes to understand its
scope, your client’s future depends.
Sandeep Jalan
Advocate
Mumbai
Comments
Divorce Lawyers