Definition and Scope of Pleadings

Order 6 Rule 1 CPC – Definition of Pleadings:

• This rule defines pleadings as the written statements filed by both the plaintiff and the defendant. In simple terms, pleadings are the documents where each party presents the core of their case.
• Plaint: The document submitted by the plaintiff stating the facts and legal grounds of their claim.
• Written Statement: The document submitted by the defendant, responding to the allegations in the plaint and laying out any defenses or counterclaims.

The purpose of defining pleadings is to ensure that each party’s position is clearly documented and to inform the other party about the specific claims and defenses they must respond to. This helps the court understand the exact dispute and limits the scope of the case to issues explicitly presented in these documents.

Order 6 Rule 2 CPC – Pleadings Should Include Only Material Facts:

• This rule is fundamental because it requires that pleadings should contain only material facts, which are facts essential to make or defend a claim.
• Material Facts: These are facts that are crucial to establishing the foundation of a case. They provide the basis upon which the plaintiff or defendant builds their argument.
• Exclusion of Evidence in Pleadings: Pleadings should not contain evidence. The aim is to keep the pleadings focused on the issues at hand and avoid extraneous details.

The distinction here is between facts that establish the existence of a right or liability (material facts) and evidence that supports these facts, which is presented later in the trial.

2. Material Facts and Particulars

Order 6 Rule 4 CPC – Requirement for Particulars: