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Order XXIX - Pleadings Generally : Supreme Court Rules 2013

 

 

What is Pleadings Generally? Order XXIX of Supreme Court Rules 2013

Order XXIX of Supreme Court Rules 2013 : "Pleadings Generally"

1. In this Order 'pleading' means plaint or written statement.

2. Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies, but not the evidence by which those facts are to be proved, nor any argumentative manner, and shall be divided into paragraphs numbered consecutively.

3. Dates, sums and numbers shall be expressed in figures.

4. 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 he just.

5. Wherever the contents of any document are material, it shall be sufficient 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 pan thereof are material.

6. Every pleading shall be signed by an advocate-on-record on behalf of the Attorney-General for India or by an advocate-on-record on behalf of the Advocate- General for the State, as the case may be.

7. The Court may at any stage of the proceeding order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice or embarrass or delay the trial of the suit or which contravenes any of the provisions of this Order.

8.The Court may at any stage of the proceedings allow either party to amend his pleading in such manner and on such terms as may be just but only such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties.

 

9. If a party who has obtained an order for leave to amend docs not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time or of such fourteen days, as the case may be unless the lime is extended by the Court.

10. Amendments of pleadings made only for the purpose of rectifying a clerical error may' be made on an order of the Registrar "'without notice but unless otherwise ordered a copy of the order shall be served on all other parties.

 

SUPREME COURT RULES 2013

(D) PROVISIONS REGARDING SPECIAL LEAVE PETITIONS UNDER
ARTICLE 136 OF THE CONSTITUTION

Order XXI - Special Leave Petitions (Civil) SLP

Order XXII - Special Leave Petitions in Criminal Proceedings

(E) APPEALS UNDER THE SPECIAL ACTS

Order XXIII - appeals under section 38 of the advocates act, 1961(25 of 1961)

Order XXIV - Appeals under Section 23 of the Consumer Protection Act 1986

PART- III
ORIGINAL JURISDICTION
(A) ORIGINAL SUITS

Order XXV - Parties to Suits

 

 

Order XXVI - Plaints

Order XXVII - Issue and Service of Summons

Order XXVIII - Written Statement, Set-off and Counter-Claim

Order XXIX - Pleadings Generally

Order XXX - Discovery and Inspection

 

 

Order XXXI - Admissions

Order XXXII - Summoning and attendance of Witnesses

Order XXXIII - Adjournments

Order XXXIV - Hearing of the Suit

Order XXXV - Withdrawal and adjustment of Suits

 

 

Order XXXVI - Payment into court

Order XXXVII - Special Case

(B) PETITIONS UNDER ARTICLE 32 OF THE CONSTITUTION

Order XXXVIII - Application for enforcement of fundamental rights (Article 32 of Constitution)

Order XXXIX - Applications for transfer of criminal proceeding under section 406 of the Criminal Procedure Code, 1973 and Section 11 of the Terrorist affected areas (Special Courts) Act, 1984

Order XL - Application for transfer under Article 139A (1) of the Constitution

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