Picture this: You’ve been wronged, justice demands satisfaction! But how do you translate your burning rage into a legal battle cry? Enter Section 26, the hero of this story, your guide to crafting a plaint that will resonate with the court and set the wheels of justice in motion.
Introduction
In the field of legal proceedings, the concept of ‘pleadings’ is fundamental for initiating legal actions and presenting one’s case in a court. Section 26 of the Code of Civil Procedure (CPC) in India specifically deals with ‘pleadings,’ defining its significance, framework, and procedural elements in detail.
What are Pleadings under Section 26?
Pleadings in legal cases refer to statements like a plaint or a defendant’s written statement. When a court approves an application, a pleading becomes a ‘plaint’ or a ‘written statement’. When an application is approved by the court, it turns into a plaint. For the defendant, his/her written statement serves as the pleading. However, if the defendant’s written statement includes a set-off or a counterclaim, the plaintiff needs to respond with his/her own written statement.
What’s Crucial in a Pleading under Section 26?
Focusing on Key Facts:
Pleadings should only include the important facts supporting a claim or defence. They shouldn’t include evidence, just the necessary details to explain the case.
Dividing Information Clearly:
Each allegation in a pleading should be in separate paragraphs and numbered for clarity. Dates, numbers, and amounts should be written in both figures and words.
General rules governing the pleadings
Order VI of the Civil Procedure Code lays down the general rules governing the pleadings in court.
Here are 11 rules to remember when drafting pleadings:
- Sticking to Relevant Facts:
Pleadings should only mention facts that matter for the case.
- Avoiding Evidence Details:
They shouldn’t include evidence, just the essential facts.
- Providing Necessary Details:
Important details about the case should be mentioned in the pleading.
- Highlighting Non-Performance:
If a condition hasn’t been met and it’s important for the case, it must be mentioned.
- No New Claims:
Except through amendments, a new claim can’t be introduced.
- Clarifying Denials:
Denying a contract doesn’t mean denying its legality unless specifically mentioned.
- Handling Documents:
Documents need not be fully written out unless specific words are crucial.
- Conditions of the Mind:
Certain mental states, like notice or knowledge, can be mentioned without explaining every detail.
- Notice as a Fact:
Mentioning notice is enough without detailing its exact form or terms.
- Implied Contracts or Relations:
Implied contracts or relationships can be mentioned as facts without detailing every single conversation or letter.
- Presumed Facts:
Facts that the law presumes or those for which the burden of proof lies on the other side need not be mentioned unless denied.
Signing and verification of pleadings
Rule 14 states that every pleading must be signed by the concerned party and their representative, if any. If the party can’t sign, someone else authorized to act on their behalf may do so.
Rule 15 requires each pleading verified by the party, or someone representing them, or a person familiar with the case’s facts. If there are multiple plaintiffs, only one needs to verify the details. The verifier should mention which parts they know firsthand, and which they state based on information they believe to be true. Also, an affidavit from the verifier supporting the pleadings is necessary, to ensure accountability for the statements made.
The purpose of verifying a pleading isn’t just a formality – it’s to hold the verifier accountable for the statements within it.
Effect of False Verification
False verification can lead to serious consequences. If found false, the person verifying could face charges under sections 191 and 193 of the Indian Penal Code for fabricating false evidence.
Address for service of notice
Rule 14A requires that a pleading submitted by a party includes a signed statement with their address. This address, called the ‘registered address,’ can be changed by submitting a properly filled form to the court, accompanied by a verified petition. All legal notices and documents will be served at this registered address as if the party resides there.
Striking out and Amending Pleadings
Rule 16 empowers the court to strike out or change any part of the pleadings that:
(a) maybe unnecessary, scandalous, frivolous, or vexatious,
(b) might negatively impact a fair trial by causing prejudice or delay, or
(c) are an abuse of the court’s process.
Amendment of Pleadings
Different kinds of amendment:
The occasion for amendment arises in 6 different ways namely
1. Section 152 (amendment of clerical and arithmetical mistakes in judgment, decree, and orders)
2. Section 153 (amendment of any defect or error in any suit proceedings for determining the real question in issue)
3. Section 153-A (amendment of decree or order where an appeal is dismissed)
4. Order 1, rule 10, Sub-rule 2 (striking out or adding parties)
5. Order 6, rule 16 (amending the opponent’s pleading: compulsory amendment)
6. Order 6, rule 17 (amending one’s own pleading: voluntary amendment)
Amending One’s Own Pleadings
During the legal proceedings, the court can permit either party to make changes to their pleadings if it’s crucial to resolve the main issues between them. However, once the trial starts, making amendments might not be allowed unless there’s a solid reason for not raising the matter before the trial begins.
If a party, allowed by the court to make changes, doesn’t do so within the set time or within 14 days, they might lose the chance to amend unless the court extends the deadline.
Amending the Opponent’s Pleading
A party can ask the court for changes in their opponent’s pleading, known as compulsory amendments. The court might allow these changes under Rule 16 in situations (a), (b), or (c) mentioned in the rule.
Rule 16 also allows for unnecessary parts of the opponent’s pleading to be changed or removed altogether.
Conclusion
Understanding pleadings outlined in Section 26 of the Civil Procedure Code is pivotal in navigating legal matters. Crafting precise, verified pleadings and adhering to rules for amendments form the bedrock of presenting a case in court. Pleadings are not mere paperwork; they represent the foundation of a case, ensuring a fair trial and facilitating the pursuit of justice. Proficiency in these aspects empowers individuals in legal proceedings, ensuring their arguments are accurately and effectively presented before the court.
Also Read: What is Stay of Suits under Section 10 of Civil Procedure Code
Also Read: Understanding Doctrine of Res Judicata under the Code of Civil Procedure-Section 11
