Code of Civil Procedure, 1908 | O. 6 Pleadings generally

Rule 1 Pleading.- "Pleading" shall mean plaint or written statement.

NOTES:

* Pleading – absence of – effect – court cannot make out a new case not pleaded.
2002 AIR SCW 4589 : 2002 (8) SCALE : 2002 (8) SUPREME 23

* Variance between pleading and proof – Evidence in variance with pleading be ignored.
1999 (1) GCD 54 (Hari Laungani v. Hemu Fetechand)

* Rejection of pleading – order as to – are only interlocutory orders – can be challenged along with final order in suit.
AIR 2004 All. 82 (Fertilizer Corporation of India v. Prabha Kiran Store)

* Specific Relief Act S.7 – amendment of pleadings – suit for specific performance – contract for supply of goods – Defendant had purchased goods making payment but placed no order subdquently as contract had expired – amendment application claiming relief of damages instead of specific performance – cause of action was the same for relief sought by way of amendment – order allowing application for amendment is proper.
AIR 2004 All. 82 (Fertilizer Corporation of India v. Prabha Kiran Store)

* Where a contract or a transaction is illegal, there need be no pleading of illegal contract, court is bound to take judicial notice of it.
Kammla Bai v. Arjan Singh AIR 1991 MP 275

Rule 2.-Pleading to state material facts and not the evidence.-(1) Every pleading shall contain, and only, a statement in 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 convenients contained in a seprate paragraph.
(3) Dates, sums and numbers shall be expressed in pleading in figures as well as in words.

NOTES:

* Pleading – absent on certain issue – no finding can be given despite evidence.
AIR 2003 SC 4319 (C)

R. 17 Amendment of pleadings.- The court may at any stage of the proceedings allow either party to 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 parties.

NOTES:

* Delay – not ground for refusal.
AIR 2002 SC 3369 : 2002 AIR SCW 3925

* Not changing nature of relief – allowed
AIR 2002 SC 1148 : 2002 AIR SCW 910

* Change to Khasara No. – does not change subject matter
2001 Supp. (2) JT 56

* Suit for permanent injunction against dispossession – amendment seeking declaration of title and delivery of possession – deserve to be allowed.
AIR 2002 SC 3369 : 2002 AIR SCW 3925

* Amendment sought – not inconsistent with the original averment – allowed.
AIR 2002 SC 2394 – 2002 AIR SCW 2580

* Amendment of plaint – once amendment is incorporated, it relates back to the date of the suit – however court can direct in appropriate case that it should not relate back to date of suit.
AIR 2002 SC 3369 : 2002 AIR SCW 3925 : 2002 (6) SCALE 544

* (A) Introduction of new relief – Relief necessitated by subsequent event – addition of – can be allowed by court – plea that relief sought to be added was time barred to be decided at trial. (B) Relief based on new cause of action – amendment if allowed can take effect only from date of allowing of amendment – does not relate back to date of filing of suit.
AIR 2003 Karnataka 393 (C.R. Janardhan v. Smt. N.S. Viutha)