INTRODUCTION
Today, I will talk about the case of V.
Prabhakara v. Basavaraj K. (Dead) by Lr. & Another, 2021 SCC OnLine
SC 896, wherein the Hon’ble Supreme Court discussed the importance of pleadings
in civil cases. Pleadings are dealt with in Order VI of the Code of Civil
Procedure.
After listening to this show, the audience would
know about the pertinence of pleadings in civil cases and in general. The fellow
advocates listening to the show would realize that before a final draft of a
plaint or a written statement is prepared, meticulous inspection of the proposed
pleadings must be made by studying the law and the procedure, and by verifying
and consulting with the client, so that no mishap occurs at a later stage.
GENERAL IMPORTANCE OF PLEADINGS
Clear and succinct pleadings save judicial time
and lead to quick disposal of cases, whereas confusing and unclear pleadings
have the propensity to prolong a litigation indefinitely. Such a practice must
be deprecated. Therefore, let us briefly understand the meaning and the importance
of pleadings in Civil Cases.
PLAIN MEANING
Black’s Law Dictionary, Eighth Edition, defines “pleading”
as “a formal document in which a legal proceeding (esp. a civil lawsuit)
sets forth or responds to allegation, claims, denials, or defenses.”
Thus, generally speaking, pleadings contain allegations, claims, averments,
denials and defenses.
ORDER VI OF CPC
Now, let us briefly understand the Scheme of Order
VI of the Code of Civil Procedure, 1908 (CPC), that deals with pleadings in
civil parlance.
O. VI R. 1 of CPC states that “pleading
shall mean plaint or written statement.” Plaint and Written Statement
have been respectively discussed in Order VII and Order VIII of CPC. Basically,
the purpose of incorporating pleadings in any case is to provide the particular
facts of a case to the opposite party and to the Court, so that they are able
to understand the crux of the dispute raised.
But what should pleadings contain? O. VI Rule 2 of
CPC provides that: -
a. Every pleading shall contain only a statement
of material facts on which the party making the pleading is relying upon.
b. Such statement of material facts must be
concise.
c. Evidence is not to be stated or incorporated in
the pleadings.
d. Pleadings must be structured in a numbered paragraph
form.
e. Each allegation should be mentioned in a
separate paragraph.
f. Date, sums and numbers are to be expressed in
figures as well as in words.
Similarly, O.VI R.3 of CPC provides for the
proformas that could be followed while making a pleading. It provides for
various forms that could be perused by the parties. However, if it is not
possible to provide particulars of a fact as provided in the proformas, then the
concerned party may incorporate such particulars, as may be necessary, in the
pleadings. This has been provided in O.VI R.4.
Further, O.VI R.7 of CPC provides that parties
cannot raise pleas which are mutually destructive and contradictory to each
other.
Other provisions of O.VI of CPC provide for the
relevant details that ought to be included in pleadings in case of specific circumstances
such as a case where there is a condition precedent or malice or denial of
contract is alleged, or cases where effect of a document that is relied upon is
in question.
Thus, we see that the parties are bound to base
their contentions before the Court on their pleadings as such pleadings are
binding in nature.
The facts of the case are not necessary for the
purposes of this show and hence, the same are not being discussed. In order to
understand the importance of pleadings in a better manner, let us go through
the pertinent observations made by the Court in the present case.
OBSERVATIONS BY THE COURT
Firstly, the Court observed that pleadings are to
contain the necessary foundation for raising an appropriate issue and any
pleading that denies existence of a fact must be specific. Evasive denials or
pleas are prohibited, and such evasive denials may even lead to presumption of
an admission in terms of O.VI R.13 of CPC.
Secondly, the Court noted that “a relief can
only be on the basis of the pleadings alone. Evidence is also to be based on
such pleadings. The only exception would be when the parties know each other's
case very well and such a pleading is implicit in an issue. Additionally, a
court can take judicial note of a fact when it is so apparent on the face of
the record.”
Thirdly, the Court cited the case of Bhagwati
Prasad v. Chandramaul, AIR 1966 SC 735, wherein following important
postulates were laid down: -
a. Even if a pleading is not specifically made but
is covered under an issue by way of implication, then in such circumstances, a
party would not be disentitled from relying upon such pleadings if it could be
proved by way of evidence.
b. The general rule is that relief claimed is to
be made on the basis of the pleadings alone. But in cases where substantial
matters relating to merits of a case or title to a property are involved, the
Court may take a different view, depending upon the circumstances.
c. It is cardinal that “relief to be granted
can be only with reference to the prayers made in the pleadings.” If
the prayer clause of the pleadings is not properly drafted, the concerned party
may have to suffer the consequences.
And lastly, the Court noted that in cases where there
is an absence of a particular pleading, the Appellate Court at a later stage
cannot look into such particular fact that is otherwise absent from the pleadings
and in case, it does so, cogent reasoning for the same ought to be provided.
Those were the observations by the Court. So, what
are my concluding remarks.
CONCLUSION
It is often seen that pleadings are made in a
callous and lackadaisical manner and later on, when the trial commences, the
parties realize the deficiencies in their pleadings. Deficiencies that are of
trivial nature could be cured by amending the plaint in terms of O.VI R.17 of
CPC. But omitting a material or a particular pleading has its own consequences,
and the courts are constrained to draw an adverse inference in absence of
material pleadings.
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