Draft your Pleadings Online - Law of Pleadings - Civil procedure Code
Draft Your Pleadings Online — Law of Pleadings under Civil Procedure Code (CPC)
1. What Are Pleadings?
Pleadings are formal written statements by parties in a civil lawsuit stating their claims and defenses.
Governed primarily by Order VI of the CPC.
The purpose of pleadings is to define the issues and clarify the points in controversy.
2. Types of Pleadings
| Type | Description |
|---|---|
| Plaint | Filed by the plaintiff stating facts and relief claimed. |
| Written Statement | Defendant’s reply denying or admitting claims and stating defenses. |
| Replication | Plaintiff’s response to written statement (optional). |
3. Key Principles of Pleadings under CPC
Order VI Rule 2: Pleadings must state material facts on which the party relies, not evidence.
Order VI Rule 3: Pleadings should be concise and to the point, avoiding irrelevant facts.
Order VI Rule 4: Particulars of time and place must be given where relevant.
Order VI Rule 5: Pleadings must not be ambiguous or vague.
Order VI Rule 6: Pleadings should clearly specify the relief claimed.
4. Drafting Pleadings Online: Legal Framework
Courts now facilitate e-filing of pleadings through online portals.
Electronic filing is recognized under the Information Technology Act, 2000, and rules framed by various High Courts.
Pleadings submitted online must comply with Order VI CPC and relevant procedural rules.
Digital signatures and verification by advocates are mandatory for authenticity.
5. Steps to Draft Pleadings Online
Login to e-filing Portal: Access respective State or Supreme Court e-filing system.
Select Cause Title and Case Type: Identify the nature of suit and parties.
Draft Pleading Document: Use templates or create from scratch, ensuring compliance with Order VI CPC.
Attach Supporting Documents: Attach evidence, affidavits, and annexures digitally.
Verify and Digitally Sign: The advocate/client signs digitally to affirm correctness.
Submit and Pay Fees: Complete filing with applicable court fees and submit.
Receive Acknowledgement: Get e-receipt and case number for future reference.
6. Important Case Laws on Pleadings
a) State of Maharashtra v. Ratanlal, AIR 1974 SC 943
Supreme Court emphasized that only material facts must be pleaded and not the evidence.
Overloading pleadings with evidence or irrelevant facts is discouraged.
b) S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853
Held that pleadings must be clear and unambiguous.
Ambiguous pleadings can be rejected for non-compliance with Order VI Rule 5.
c) Ramesh Chander Kaushal v. Banwari Lal, AIR 1959 SC 982
Pleadings must contain all essential facts constituting cause of action.
Failure to disclose material facts can lead to dismissal.
7. Common Mistakes to Avoid While Drafting Pleadings Online
Including evidence instead of facts.
Pleadings that are vague or ambiguous.
Failure to specify time and place where required.
Missing prayers/reliefs or unclear relief sought.
Not digitally signing or verifying the document.
Incorrect or incomplete attachment of supporting documents.
8. Benefits of Drafting Pleadings Online
| Benefit | Explanation |
|---|---|
| Convenience | File from anywhere without physical presence. |
| Efficiency | Faster submission and case tracking. |
| Transparency | Track status online and receive immediate receipts. |
| Cost-Effective | Saves travel and paperwork costs. |
| Accuracy and Compliance | Templates and checklists reduce errors. |
9. Sample Format of a Plaint (Brief)
IN THE COURT OF [COURT NAME] Plaint No. ___ of 20__ [Name of Plaintiff(s)] ...Plaintiff(s) Versus [Name of Defendant(s)] ...Defendant(s) PLAINT The Plaintiff respectfully submits: 1. That the Plaintiff is a resident of ____________. 2. That the Defendant is ___________. 3. That on [date] the following facts occurred: [state material facts concisely]. 4. That the Plaintiff claims the following relief: [specify relief]. 5. That the Plaintiff has paid the requisite court fees. 6. That this Hon’ble Court has jurisdiction to try this suit. PRAYER In view of the above, it is humbly prayed that: a) The Defendant be directed to ___________. b) Any other relief deemed fit may be granted. Place: Date: (Signature and Verification) [Name of Advocate/Plaintiff]
10. Conclusion
Drafting pleadings online has become an integral part of modern civil litigation. However, compliance with the substantive law of pleadings under Order VI CPC remains mandatory to ensure that the courts accept and consider the pleadings. Properly drafted pleadings serve as the foundation of any civil case and significantly affect the outcome.
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