Friday, September 10, 2021

CPC Order 6 Pleadings

 Order 6 Rule 1 : - Pleading shall mean Plaint 
or written Statement 

Meaning : - Pleadings are statements in writing drawn up and filed by the each party to a case. Stating what his contentions will be at the trial and giving all such detail as his opponent needs to know in order to prepare his case. 

Object:- 

National Texttiles Corporation Vs Naresh Kumar 

  1. To limit the party to the extent of their specific issue.
  2. To diminish expenses and delay.
  3. To aware the parties about real issue.
  4. To determine the actual issue.
  5. To stop the deviation from course of suit.
Rules of Pleading:-
  1. Gernal rule of Pleading or Basic rule of Pleading ( Order 6 Rule 2)
  2. Particular rule of pleading. (Order 6 Rule 4-16)

Basic Rule of Pleading : -

  1. Pleading Should state fact not Law.
  2. Pleading should state material fact only.
  3. Plead fact not evidence.
  4. The fact should be stated in concise form 

Fact: 
Fact probanda - the fact which hast prove.
Facta probantia: the fact by which it to be proved.

Pleading to be Signed R-14
Verification of Pleading R-15

Verification : -            Verifies of his own knowledge.
                                     Verifies upon information required and believed to be true. 



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