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The Code of Civil Procedure, 1908: page 98

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 98, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                             ORDER VI
                                                        Pleadings generally
     1. Pleading.—“Pleading” shall mean plaint or written statement.
     1
     [2. Pleading to state material facts and not evidence.—(1) Every pleading shall contain, and
contain only, a statement in a 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 convenient, contained in a separate paragraph.
     (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.]
    3. Forms of pleading.—The forms in Appendix A when applicable, and where they are not
applicable forms of the like character, as nearly as may be, shall be used for all pleadings.
    *[3A. Forms of pleading in Commercial Courts.––In a commercial dispute, where forms of
pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes
of such commercial disputes, pleadings shall be in such forms.]
    4. Particulars to be given where necessary.—In all cases in which the party pleading relies on any
misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which
particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with
dates and items if necessary) shall be stated in the pleading.                         e
                                                                                od
   5. [Further and better statement, or particulars.] Omitted by the Code of Civil Procedure
(Amendment) Act, 1999 (46 of 1999), s. 16 (w.e.f. 1-7-2002).
                                                                         aC
     6. Condition precedent.—Any condition precedent, the performance or occurrence of which is intended
to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be;
                                                                  di
and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for
                                                            In
the case of the plaintiff or defendant shall be implied in his pleading.
    7. Departure.—No pleading shall, except by way of amendment, raise any new ground of claim or
contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
    8. Denial of contract.—Where a contract is alleged in any pleading, a bare denial of the same by the
opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact
from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract.

   9. Effect of document to be stated.—Wherever the contents of any document are material, it shall be
sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or
any part thereof, unless the precise words of the document or any part thereof are material.

    10. Malice, knowledge, etc.—Wherever it is material to allege malice, fradulent intention, knowledge
or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without
setting out the circumstances from which the same is to be inferred.

    11. Notice.—Wherever it is material to allege notice to any person of any fact, matter or thing, it shall
be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the
circumstances from which such notice is to be inferred, are material.

   12. Implied contract, or relation.—Whenever any contract or any relation between any persons is to
be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall
be sufficient to allege such contract or relation as a fact, and to refer generally to such letters,
conversations or circumstances without setting them out in detail. And if in such case the person so
pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from
such circumstances, he may state the same in the alternative.


1. Subs. by Act 104 of 1976, s. 56, for rule 2 (w.e.f. 1-2-1977).
* Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).

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