Supreme Court Rules, 2013 | Part III - Original Jurisdiction

Order XXIX - Pleadings Generally

Order XXIX regulates how a plaint or written statement is drafted, particularised, signed and amended in original suits before the Supreme Court of India.

At a glance: A pleading means a plaint or written statement. It should set out material facts rather than evidence or argument. The Court may direct further particulars, strike out improper matter or permit necessary amendments.

Meaning and scope of pleadings

A plaint is the pleading by which a claimant sets out the claim in an original suit. A written statement is the defendant's pleading setting out the defence. Under Rule 1 of Order XXIX, these are the two types of pleadings addressed by this Order. The governing principle is to state the facts needed to identify and resolve the real controversy, while leaving proof of those facts to the evidence stage.

Order XXIX should be read with the provisions on plaints (Order XXVI), written statements (Order XXVIII) and the broader Supreme Court Rules, 2013. The Code of Civil Procedure, 1908, particularly Order VI on pleadings, provides related civil-procedure context, subject to the Supreme Court's own Rules.

Contents of Order XXIX

  1. Rule 1 - Meaning of pleading
  2. Rule 2 - Material facts, not evidence
  3. Rule 3 - Dates, sums and numbers
  4. Rule 4 - Further particulars
  5. Rule 5 - Reference to documents
  6. Rule 6 - Signing of pleadings
  7. Rule 7 - Striking out improper pleadings
  8. Rule 8 - Amendment of pleadings
  9. Rule 9 - Time allowed for amendment
  10. Rule 10 - Clerical corrections

Order XXIX: Rules 1 to 10 explained

Rule 1: Meaning of pleading

Rule text: In this Order 'pleading' means plaint or written

Meaning and application: A plaint sets out the claimant's case; a written statement sets out the defence.

Rule 2: Material facts, not evidence

Rule text: Every pleading shall contain, and contain only, a

Meaning and application: Plead the essential facts concisely in consecutively numbered paragraphs. Evidence and lengthy arguments do not replace material facts.

Rule 3: Dates, sums and numbers

Rule text: Dates, sums and numbers shall be expressed in figures.

Meaning and application: Use figures for dates, amounts and other numbers.

Rule 4: Further particulars

Rule text: A further and better statement of the nature of the claim

Meaning and application: The Court can direct a party to give clearer particulars of a claim or defence, on appropriate terms.

Rule 5: Reference to documents

Rule text: Wherever the contents of any document are material, it

Meaning and application: Summarise a relevant document's effect unless its precise wording is itself material.

Rule 6: Signing of pleadings

Rule text: Every pleading shall be signed by an advocate-on-record on

Meaning and application: This rule addresses signatures for pleadings made on behalf of the Attorney-General for India or an Advocate-General for a State.

Rule 7: Striking out improper pleadings

Rule text: The Court may at any stage of the proceeding order to be

Meaning and application: Irrelevant, scandalous, prejudicial or obstructive material may be struck out or amended by order of the Court.

Rule 8: Amendment of pleadings

Rule text: The Court may at any stage of the proceedings allow either

Meaning and application: The Court may permit amendments necessary to decide the real dispute, subject to just terms.

Rule 9: Time allowed for amendment

Rule text: If a party who has obtained an order for leave to

Meaning and application: Comply with the time fixed in the order; otherwise the default period is 14 days, unless the Court extends it.

Rule 10: Clerical corrections

Rule text: Amendments of pleadings made only for the purpose of

Meaning and application: The Registrar may order correction of clerical errors without notice, but ordinarily the order must be served on other parties.

Practical drafting checklist

Before filing, confirm that each material fact is pleaded in a numbered paragraph, figures are used for dates and amounts, relevant documents are accurately identified, the proper authorised signature is included and any amendment is made within the period allowed by the Court. If a direction for further particulars or amendment has been made, comply with the specific order and applicable filing instructions.

Official sources and current practice

For the authoritative Rules, amendments, practice directions and electronic filing requirements, consult the Supreme Court of India official website and its current rules, circulars and notices. The rule-by-rule material above follows the text supplied for Order XXIX; practitioners should check subsequent amendments and applicable Registry directions before filing.