Pleading
Also called: Pleadings
Under Order VI Rule 1 of the CPC, pleading means a plaint or a written statement.
Explained
Order VI Rule 1 of the CPC states that pleading shall mean plaint or written statement. The plaint is governed by Order VII and the written statement, including set off and counter claim, by Order VIII. The function of pleadings is to state each party's case so that the opponent knows what he must meet and the court can frame issues.
Order VI Rule 2 lays down the basic rule: every pleading must contain, and contain only, a statement in concise form of the material facts on which the party relies, but not the evidence by which they are to be proved. It must be divided into numbered paragraphs, and dates, sums and numbers must be written in figures and words. Rule 4 adds that where a party relies on misrepresentation, fraud, breach of trust, wilful default or undue influence, particulars with dates and items must be stated. A general allegation of fraud or undue influence is not enough, and the court will not grant relief on a case that was never pleaded.
Every pleading must be verified under Rule 15 by the party, or by a person acquainted with the facts, stating which paragraphs are verified on knowledge and which on information. The court may strike out matter that is unnecessary, scandalous, frivolous, vexatious or an abuse of process (Rule 16). Under Order VIII Rule 5, an allegation of fact in the plaint that is not specifically denied, or denied by necessary implication, is taken to be admitted.
Amendment is allowed under Order VI Rule 17 at any stage to determine the real questions in controversy, but the proviso bars an amendment after the trial has commenced unless the court finds that the party could not have raised the matter earlier despite due diligence. Examiners test the meaning of pleading, the rule of material facts not evidence, the matters needing particulars, and the due diligence proviso.
What the law says
“Pleading” shall mean plaint or written statement.
Defines pleading as plaint or written statement
[(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.]
Pleading to state material facts and not evidence
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.
Particulars required where fraud or undue influence is pleaded
(1) Save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
Verification of pleadings
[The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
Amendment of pleadings and the due diligence proviso
[(1)] Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as against a person under disability:
Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than by such admission:
[Provided further that every allegation of fact in the plaint, if not denied in the manner provided under Rule 3A of this Order, shall be taken to be admitted except as against a person under disability.]
Specific denial; facts not denied deemed admitted
For the exam
- Pleading means plaint or written statement only (Order VI Rule 1 CPC).
- State material facts, not the evidence to prove them (Order VI Rule 2).
- Particulars required for fraud, misrepresentation, breach of trust, wilful default, undue influence (Rule 4).
- Facts not specifically denied are taken as admitted (Order VIII Rule 5).
- Amendment after trial begins only on proof of due diligence (proviso to Order VI Rule 17).
324 questions in the Law Maker question bank use this term. Practise Civil Procedure Code questions
Judgments
Related terms
- PleaderUnder Section 2(15) of the CPC, any person entitled to appear and plead for another in Court, including an advocate, a vakil and an attorney of a High Court.
- OrderUnder Section 2(14) of the CPC, the formal expression of any decision of a Civil Court which is not a decree.
- DecreeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- FraudUnder Section 17 of the Contract Act, specified acts by a party to a contract, or with his connivance, or by his agent, done to deceive the other party or induce him to contract.
- Undue influenceUnder Section 16 of the Contract Act, where one party is in a position to dominate the will of the other and uses that position to obtain an unfair advantage. The contract is voidable.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.