Pleadings - Civil and Criminal
Pleadings - Civil and Criminal tests the documents that define the issues. Under Order VI Rule 1 of the Code of Civil Procedure 1908, ‘pleading’ means a plaint or written statement. The governing rule is that pleadings state material facts, not evidence.
Civil pleadings
- Material facts: Order VI Rule 2 requires the facts on which the party relies, not the evidence by which they will be proved.
- Particulars: Rule 4 requires particulars where misrepresentation, fraud, breach of trust, wilful default or undue influence is alleged.
- No departure: Rule 7 prohibits a party from abandoning its initial case and setting up a new one.
- Verification and signature: Order VI Rules 14 and 15.
- Plaint: Order VII requires jurisdiction, cause of action, limitation, valuation, relief and court fee.
- Written statement: Order VIII requires specific traverse, new facts, set-off and counterclaim.
Criminal pleadings
A complaint to a Magistrate under Section 223 of the Bharatiya Nagarik Suraksha Sanhita 2023 must state the facts constituting the offence, the accused, witnesses and documents. An FIR is recorded under Section 173 BNSS, and a police report is filed under Section 193 BNSS.
Worked example
A supplier sues for ₹10 lakh on unpaid invoices. The plaint pleads the purchase order, delivery, invoices, part payment and the balance due, and attaches the statement of account. It should not plead the internal accounting entries as the cause of action. The reasoning is that delivery, acceptance and non-payment are material facts; ledger entries are evidence. The plaint must also show that the suit is within limitation and that the court has territorial and pecuniary jurisdiction.
Traps
Pleading evidence; pleading legal conclusions without facts; omitting limitation; inconsistent pleas; undervaluing relief to attract a lower court fee; and mixing criminal allegations into a civil suit without pleading the necessary ingredients.