Pleadings generally

Pleadings generally

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(1) Every pleading 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 defence, as the case may be, but not the evidence by which they are to be proved.

(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each

allegation being, so far as is convenient, contained in a separate paragraph.

(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.]

applicable forms of the like character, as nearly as may be, shall be used for all pleadings.

*[3A. Forms of pleading in Commercial Courts.––In a commercial dispute, where forms of

pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes

of such commercial disputes, pleadings shall be in such forms.]

misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which

particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with

dates and items if necessary) shall be stated in the pleading.

5. [Further and better statement, or particulars.] Omitted by the Code of Civil Procedure

(Amendment) Act, 1999 (46 of 1999), s. 16 (w.e.f. 1-7-2002).

to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be;

and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for

the case of the plaintiff or defendant shall be implied in his pleading.

contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact

from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract.

1. Subs. by Act 104 of 1976, s. 56, for rule 2 (w.e.f. 1-2-1977).

* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

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sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or

any part thereof, unless the precise words of the document or any part thereof are material.

or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without

setting out the circumstances from which the same is to be inferred.

be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the

circumstances from which such notice is to be inferred, are material.

be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall

be sufficient to allege such contract or relation as a fact, and to refer generally to such letters,

conversations or circumstances without setting them out in detail. And if in such case the person so

pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from

such circumstances, he may state the same in the alternative.

law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has

first been specifically denied (e.g., consideration for a bill of exchange where the plaintiff sues only on

the bill and not for the consideration as a substantive ground of claim).

Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the

pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on

his behalf

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(1) Every pleading, when filed by a party, shall be accompanied

by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.

(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and

stating the new address of the party and accompanied by a verified petition.

(3) The address furnished in the statement made under sub-rule (1) shall be called the “registered

address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party

for the purpose of service of all processes in the suit or in any appeal from any decree or order therein

made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years

after the final determination of the cause or matter.

(4) Service of any process may be effected upon a party at his registered address in all respects as

though such party resided thereat.

(5) Where the registered address of a party is discovered by the Court to be incomplete. false or

fictitious, the Court may, either on its own motion, or on the application of any party, order—

(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or

(b) in the case where such registered address was furnished by a defendant, his defence be

struck out and he be placed in the same position as if he had not put up any defence.

1. Ins. by Act 104 of 1976, s. 56 (w.e.f. 1-2-1977).

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(6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be,

the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of

stay or, as the case may be, the order striking out the defence.

(7) The Court, if satisfied that the party was prevented by any sufficient cause from filing the true address

at the proper time, shall set aside the order of stay or order striking out the defence, on such terms as to costs or

otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.

(8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address,

if, for any reason, it thinks fit to do so.]

(1) Save as otherwise provided by any law for the time being in force,

every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other

person proved to the satisfaction of the Court to be acquainted with the facts of the case.

(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he

verifies of his own knowledge and what he verifies upon information received and believed to be true.

(3) The verification shall be signed by the person making it and shall state the date on which and the place

at which it was signed.

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[(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.

(1) Notwithstanding anything contained in

Rule 15, every pleading in a commercial dispute shall be verified by an affidavit in the manner and form

prescribed in the Appendix to this Schedule.

(2) An affidavit under sub-rule (1) above shall be signed by the party or by one of the parties to the

proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the

Court to be acquainted with the facts of the case and who is duly authorised by such party or parties.

(3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in

sub-rule (1) unless the Court orders otherwise.

(4) Where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be

permitted to rely on such pleading as evidence or any of the matters set out therein.

(5) The Court may strike out a pleading which is not verified by a Statement of Truth, namely, the

affidavit set out in the Appendix to this Schedule.]

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amended any matter in any pleading—

(a) which may be unnecessary, scandalous, frivolous or vexatious, of

(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or

(c) which is otherwise an abuse of the process of the Court.]

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alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall

be made as may be necessary for the purpose of determining the real questions in controversy between the

parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the

Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before

the commencement of trial.

amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then

within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such

limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the

Court.]