Pleadings and Drafting
What the exam tests
Pleadings and drafting questions test Order VI CPC and the practical skill of converting a client's story into a court document. You must distinguish material facts from evidence and law.
Core rules
- Order VI Rule 1 defines pleadings as the plaint or written statement.
- Rule 2: pleadings must state material facts only, not the evidence by which they are proved.
- Rule 4: particulars must be given where necessary; Rule 6: condition precedent must be pleaded.
- Rule 7: no departure from the pleadings without amendment; Rule 9: specific denial; Rule 11: constructive denial.
- Order VII requires a plaint to contain the plaintiff's name, defendant's name, cause of action, jurisdiction, relief and valuation.
- Verification and signature are mandatory; a defective verification can be cured, but a plaint without cause of action can be rejected under Order VII Rule 11.
Worked example
Client says: 'I lent Rahul ₹2 lakh on 1 March in front of my friend, and Rahul promised to repay in a month but did not.' The plaint should plead the loan, date, amount, mode of payment, promise to repay and default. It should not plead the friend's name or the exact words as evidence, nor argue that Rahul is liable under section 73. Those are evidence and law. If the loan was oral, plead the oral agreement and receipt.
Traps
Pleading evidence instead of material facts is the most common error. A written statement must deal with each allegation specifically; an evasive denial may be treated as admission. Set-off and counterclaim are different. Amendment after trial may be refused if it prejudices the other side. Do not forget the verification and the court fee valuation.