THE FIRST SCHEDULE · ORDER VI Pleadings generally

Order VI Rule 4: Particulars to be given where necessary

The Code of Civil Procedure, 1908

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.

Leading cases

Subhas Chandra Das Mushib v. Ganga Prosad Das Mushib (1966)The Court held that undue influence under Section 16 of the Contract Act must be specifically pleaded and proved in stages, and that no presumption of undue influence arises merely from the donor's old age or close relationship.

Questions on this rule

2 questions in 15 of our papers cite Order VI Rule 4.

Practise questions on Civil Procedure Code