ORDER VI PLEADINGS GENERALLY - RULE 1, 2, 3, 4, 5, 6 OF CODE OF CIVIL PROCEDURE 1908

What is Pleading? What is the meaning Pleading to state material facts and not evidence? What are the Forms of pleading? What are the Particulars to be given where necessary? What is Further and better statement, or particulars? What is Condition precedent? Rule 1, 2, 3, 4, 5 and 6 of Order VI of Code of Civil Procedure 1908

Pleading, Pleading to state material facts and not evidence, Forms of pleading, Particulars to be given where necessary, Further and better statement, or particulars and Condition precedent are defined under Rule 1, 2, 3, 4, 5 and 6 of Order VI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order VI of Code of Civil Procedure 1908 "Pleading"

"Pleading" shall mean plaint or written statement.

Rule 2 Order VI of Code of Civil Procedure 1908 "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.

Rule 3 Order VI of Code of Civil Procedure 1908 "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.

Rule 4 Order VI of Code of Civil Procedure 1908 "Particulars to be given where necessary"

In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, willful 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.

Rule 5 Order VI of Code of Civil Procedure 1908 "Further and better statement, or particulars"

A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just.

Rule 6 Order VI of Code of Civil Procedure 1908 "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; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.

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