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Basics of civil pleadings

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Verification of Pleadings
Amendment of Pleadings
Grounds for Refusal of Amendment
Essentials of a Plaint
Grounds for Rejection of Plaint
Written Statement

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Basics of civil pleadings

  1. 1. Why is your Email Sign-Off important Warm regards, Best regards, Thank you, Best…. There is a lot which can be said or summed up in a couple of words. Basics of Civil Pleadings www.lawskills.in
  2. 2. www.lawskills.in Pleadings Legislative Provision: Order VI of the Civil Procedure Code, 1908. Pleading refers to plaint and written statement. Every pleading shall contain only a statement of material facts in concise form. It should not contain evidence. It should be divided into paragraphs, numbered consecutively. Each allegation, so far as is convenient, should be contained in a separate paragraph. Dates, sums and numbers should be in figures as well as in words.
  3. 3. www.lawskills.in Verification of Pleadings Legislative Provision: Order VI of the Civil Procedure Code, 1908. Every pleading must be signed by the party and his pleader. Every pleading must be verified by the parties or one of the parties pleading. The person verifying must specify what he verifies upon of his own knowledge and what he verifies upon information received and believed to be true. The person verifying must also furnish an affidavit in support of his pleading.
  4. 4. www.lawskills.in Amendment of Pleadings Legislative Provision: O. VI R. 17, 18 of the Civil Procedure Code, 1908. Amendment of pleadings can be allowed at any stage of the proceedings by the Court. Such amendment or alterations may be allowed: 1. On such terms as may be just, and 2. If necessary for the purpose of determining the real question in controversy between the parties. No amendment will be allowed after the commencement of trial, unless the Court comes to the conclusion that in spite of due diligence, such points could not have raised before the commencement of trial.
  5. 5. www.lawskills.in Grounds for Refusal of Amendment Legislative Provision: O. VI R. 17, 18 of the Civil Procedure Code, 1908. If it is not necessary for the purpose of determining the real question in controversy between the parties. If it introduces a totally different, new and inconsistent case. If it changes the fundamental character of the suit or defence. If the effect of the proposed amendment is to take away from the other side a legal right accrued in his favour. If the application for amendment is not made in good faith.
  6. 6. www.lawskills.in What is a Plaint? Legislative Provision: Order VII of the Civil Procedure Code, 1908. In general, a civil suit is instituted by presentation of a plaint. A plaint contains all the relevant facts necessary for the final determination of the dispute between the parties. It is basically a statement of claim or a document, by the presentation of which a suit is instituted. A plaint should contain particulars specified in O VII R 1 of the Civil Procedure Code, 1908. It must specifically categorize the relief which the plaintiff claims.
  7. 7. www.lawskills.in General Rules Relating to Plaints Legislative Provision: O. VII of the Civil Procedure Code, 1908. If the plaintiff seeks recovery of money, he must state the precise amount claimed. If the plaintiff has allowed a set-off or relinquished a portion of his claim, it must contain the amount so allowed or relinquished. It must also contain a statement of the value of the subject matter of the suit for the purposes of jurisdiction and court-fees. It must specifically categorize the relief which the plaintiff claims.
  8. 8. www.lawskills.in Other Particulars to be Included in Plaint Every plaint must state the approximate amount or value sued for, if the plaintiff sues: 1. for mesne profits, or 2. for an amount which will be found due to him on taking unsettled accounts between him and the defendant, or 3. For movables in possession of the defendant, or 4. For debts of which the value cannot be estimated even after exercise of due diligence. [O VII R 2] If the subject matter of the suit is immovable property, it must contain a description of the property sufficient to identify it. [O VII R 3] If the suit is filed in a representative capacity, it must contain the facts showing that the plaintiff has an actual existing interest in the subject-matter. [O VII R 4] If the suit is time-barred, the grounds upon which the exemption from the law of limitation is claimed. [O VII R 6]
  9. 9. www.lawskills.in Essentials of a Plaint O VII R 1 of CPC, 1908 A plaint should contain the following particulars: The name of the Court in which suit is bought Name, description and place of residence of plaintiff Name, description and place of residence of defendant If plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect Facts constituting the cause of action and where it arose Facts showing that the Court has jurisdiction Reliefs, as claimed by the plaintiff If plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished A statement of the value of the subject-matter of the suit.
  10. 10. www.lawskills.in Grounds for Rejection of Plaint If it does not disclose a cause of action. If the relief claimed is undervalued and the plaintiff fails to correct the valuation. If plaint is returned upon paper insufficiently stamped and the plaintiff fails to correct the valuation. If it is barred by any law for the time being in force. If it is not filed in duplicate. If the plaintiff fails to present copies of the plaint on plain paper to all the defendants along with the requisite fee for service of summons on the defendant. Legislative Provision: O. VII R. 11 of the Civil Procedure Code, 1908.
  11. 11. www.lawskills.in What is a Written Statement? Legislative Provision: Order VIII of the Civil Procedure Code, 1908. It is a reply to the plaint filed by the plaintiff. A written statement is the pleading of the defendant. It deals with every material fact alleged by the plaintiff in his plaint. It may also states any new facts in favour of defendant or takes legal objections against the claim of the plaintiff. It must be filed within thirty days from the date of service of summons upon defendant. It is the duty of defendant to produce documents upon which relief is claimed or relied upon by him. The defendant must raise by his pleading all matters which show the suit not be maintainable, or that the transaction is either void or voidable in point of law.
  12. 12. Why is your Email Sign-Off important Warm regards, Best regards, Thank you, Best…. There is a lot which can be said or summed up in a couple of words. What to Know More? Enroll in our course on Civil Pleadings & get certified too. www.lawskills.in

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