Learn Legal Drafting Skills of Plaint Under Order 7 CPC

In Civil Procedure Code Order (6), deals with Pleadings in general, Order (7), deals with plaint, and Order (8), deals with written statement. The following is the summary of the Rules comprised in Orders 6, 7 and 8 of CPC:

1. In Pleading state your whole case, in-other words set forth in Pleading all material facts on which you rely for your claim or defence, as the case may be.

2. In Pleading state facts and not law, if any matter of law is setout in your opponent’s Pleading do not plead to it.

3. In Pleading state only the relevant facts on which you rely, and not the evidence by which those facts are to be proved.

4. In pleading state material facts only and omit immaterial and unnecessary facts, and do not plead to any matter which is not alleged against you.

5. In Pleading state the facts of case concisely, but with precision.

6. It is not necessary to set-out the whole or any part of document, unless the precise words thereof are necessary. It is sufficient to state the effect of document as briefly as possible.

7. It is not necessary to allege any matter of fact which the law presumes in your favour or as to which the burden of proof lies upon your opponent party.

The party should not plead conclusion of law in pleading. Legal pleas, such as Estoppel, Limitation, and Resjudicata/Res-subjudice, etc may be pleaded in written statement.

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In cases where the party Pleading relies on any misrepresentation, fraud, breach of trust, willful default or undue influence, particulars thereof shall be stated in the Pleading.
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