Code of Civil Procedure, 1908 | Order VI
Order VI Rules 7, 8, 9, 10, 11 and 12 CPC: Pleadings Generally
Rules 7 to 12 of Order VI of the Code of Civil Procedure, 1908 regulate important aspects of pleading: departure from an earlier case, denial of a contract, how documents should be pleaded, allegations concerning malice or knowledge, pleading of notice, and implied contracts or legal relations.
India Code - Code of Civil Procedure, 1908
Order VI Rule 7 CPC Departure
Except by way of amendment, a pleading cannot raise a new ground of claim or contain an allegation of fact that is inconsistent with the party's earlier pleadings.
The purpose of Rule 7 is to prevent a party from shifting to a materially inconsistent factual case without formally amending the pleading in accordance with law.
Order VI Rule 8 CPC Denial of contract
Where a contract is alleged in a pleading, a bare denial by the opposite party is construed only as a denial of the existence of the express contract alleged, or of the facts from which the contract may be implied.
A bare denial does not, by itself, amount to a denial of the legality or legal sufficiency of the alleged contract. A party intending to dispute the contract on a legal ground should plead that ground appropriately.
Order VI Rule 9 CPC Effect of document to be stated
Where the contents of a document are material, it is ordinarily sufficient to state the effect of the document as briefly as possible without reproducing the whole document or any part of it.
The precise words of the document need to be set out only where those words, or a particular part of the document, are themselves material to the case.
Order VI Rule 10 CPC Malice, fraudulent intention, knowledge and other conditions of mind
Where it is material to allege malice, fraudulent intention, knowledge or another condition of a person's mind, it is sufficient to allege that condition as a fact without setting out the circumstances from which it is to be inferred.
This rule concerns the manner of pleading a state of mind. It should be read with Order VI Rule 4 where allegations such as fraud or misrepresentation require the necessary particulars.
Order VI Rule 11 CPC Notice
Where it is material to allege that a person had notice of a fact, matter or thing, it is ordinarily sufficient to allege notice as a fact.
The form or precise terms of the notice, or the circumstances from which notice is to be inferred, need to be pleaded where those matters are themselves material.
Order VI Rule 12 CPC Implied contract or relation
Where a contract or legal relation is to be implied from a series of letters, conversations or other circumstances, it is sufficient to allege the contract or relation as a fact and to refer generally to the relevant letters, conversations or circumstances without setting them out in full detail.
A party may also plead, in the alternative, more than one contract or relation said to arise from the same circumstances.