NATIONAL LAW UNIVERSITY JODHPUR

(Assignment submission towards fulfilment of assessment in the subject of Drafting, Pleading &
Conveyancing)

ROLE OF PLEADING IN ACCESS TO JUSTICE

SUBMITTED TO:

Ms. Anjali Thanvi

Assistant Professor
National Law University, Jodhpur

SUBMITTED BY:
Simran Sharma
R. No.: 1948
Semester X

WINTER SESSION (JANUARY-MAY, 2025)

Drafting, Pleading & Conveyancing

ROLE OF PLEADING IN ACCESS TO JUSTICE: A CORNERSTONE OF FAIR

ADJUDICATION
The clarity and precision with which issues are presented before the judiciary, in addition to
laws and courts, are what lubricate the wheels of justice. The foundation of this procedure is
pleadings. A well-written pleading dictates the course of the case in any legal trial. By
preventing needless complexities and saving judicial time, it guarantees openness, establishes
the parameters of the trial, and ultimately advances access to justice. Let’s examine the
structure of pleadings and their crucial function in facilitating the administration of justice.

INTRODUCTION: SETTING THE CONTEXT

Pleadings are an organised way to provide the arguments, defences, and important details in a
dispute; they are not merely formalities. Pleadings that are precise help to keep the trial on
track and avoid surprises. Conversely, filings that are unclear or inconsistent cause the
litigation process to go awry and postpone justice. In order to guarantee accessible and
effective justice, they are therefore the first and most important step.

A pleading is a formal document in which parties to a judicial case present or address

accusations, claims, or defences, according to Black’s Law Dictionary. The plaint (made by
the plaintiff) and written statement (submitted by the defendant), each of which lays out their
interpretation of the case’s key facts, are commonly referred to as pleadings in Indian civil
law.

PLEADINGS UNDER THE CODE OF CIVIL PROCEDURE, 1908

Order VI of the Code of Civil Procedure (CPC), 1908, provides a comprehensive scheme for
pleadings.

Rule 1: Definition

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o “Pleading” includes plaint and written statement.

Rule 2: Basic Rules

o Only material facts are to be stated, not evidence.

o Statements must be concise and in numbered paragraphs.
o Facts must be organized, clear, and relevant to the dispute.

Structure and Format under CPC

“Order VI of the CPC provides detailed guidelines on how pleadings should be structured and
presented. These rules aim to ensure clarity, fairness, and efficiency in civil litigation.

Rule 3: Use of Standard Forms

Pleadings should ideally follow the formats given in Appendix A of the CPC. Where not
applicable, forms of similar nature can be adopted to maintain consistency.

Rule 4: Particulars in Serious Allegations

In cases involving fraud, undue influence, or misrepresentation, pleadings must include

specific details such as dates, amounts, and circumstances. This helps prevent vague or
baseless claims.

Rule 6: Condition Precedents

The performance of a condition precedent is presumed unless its non-fulfilment is specifically

pleaded. This saves time and avoids unnecessary repetition.

Rule 7: Consistency in Pleadings

Parties are not allowed to include contradictory claims or defenses unless formally amended.
This maintains clarity and integrity in the litigation process.

Rule 8: Denial of Contract

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A general denial is treated as denial of existence only. To dispute the legality or

enforceability of a contract, specific grounds must be stated.

Rule 9: Effect of Documents

Documents referred to in pleadings need not be reproduced word-for-word. It is sufficient to

state their effect unless the exact wording is material.

Rules 10–13: Mental State, Notice & Presumptions

 Allegations of malice, knowledge, or fraud can be stated as facts.

 Notices may be simply mentioned without full details unless material.
 Implied contracts must be referenced clearly.
 Presumed facts under law need not be pleaded.

Procedural Requirements

Rules 14–15: Signing and Verification

Pleadings must be signed by the party or their pleader and verified through an affidavit by
someone acquainted with the facts.

Rule 16: Striking Out Pleadings

The court may strike out any portion of the pleadings that is unnecessary, scandalous, or
delays fair trial. This helps maintain judicial efficiency and decorum.”

Amendment of Pleadings (Rules 17–18)

Pleadings may be amended at any point prior to the trial's conclusion, according to the CPC.
This guarantees that the true problems are decided by allowing the parties to amend
omissions or adjust to changing facts. However, modifications need a stronger reason and a
higher barrier after the trial starts.

Pleadings are substantive assurances of justice, not only formal requirements. They clarify
the legal issues that need to be resolved, offer the other side an equal opportunity to reply,

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and assist the court in comprehending the conflict. When implemented properly, they
enhance efficiency, lower the possibility of a miscarriage of justice, and preserve the audi
alteram partem principle, which is a cornerstone of natural justice.

SIGNIFICANCE OF PLEADINGS IN CIVIL LITIGATION AND ACCESS TO JUSTICE

Civil proceedings in India are initiated with the filing of a plaint, which marks the beginning
of pleadings. These pleadings—comprising the plaint and the written statement—are
fundamental to litigation, as they outline the respective stances of the parties involved.

They play a crucial role in ensuring access to justice by clearly defining the scope of the
dispute, helping the court identify the central issues and facilitating fair resolution. However,
pleadings that are deficient—such as those lacking material facts, failing to establish
jurisdiction, or missing verification—can be dismissed at the outset, depriving parties of a
proper hearing.

The Civil Procedure Code (CPC), especially Orders VI to VIII, stipulates that pleadings must
contain only material facts—not legal arguments or evidence—and should be drafted with
clarity and brevity. These procedural rules are designed to uphold fairness and eliminate
surprises during trial.

While the defendant has the right to submit a written statement, additional pleadings like a
replication may only be filed with the court’s permission, as per Order VIII Rule 9. Although
the CPC does not explicitly use the term ‘replication’, courts permit it in specific situations—
such as when new facts are introduced in the written statement or when legally warranted.

Importantly, a replication cannot bring in new causes of action or contradictory claims. Its
purpose is strictly to address or clarify issues newly raised in the written statement. Courts
have consistently held that replications should not be filed as a matter of course but only in
exceptional, justified situations to maintain procedural integrity and safeguard substantive
rights.

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JUDICIAL OBSERVATIONS ON THE ROLE OF PLEADINGS IN ENSURING ACCESS TO JUSTICE

Indian courts have consistently underscored that meaningful access to justice depends on
clear and structured pleadings. Firstly, pleadings must establish a proper basis for identifying
the issues in dispute. Courts disapprove of vague or evasive denials, and as per Order VI
Rule 13 of the CPC, such denials may even be treated as admissions.

Secondly, the principle is well-established that both the relief sought and the evidence
presented must be confined to what is contained in the pleadings. Exceptions to this rule are
rare and apply only when it is evident that both parties are fully aware of the opposing claims
and the matter is implicitly addressed in the pleadings.

A landmark ruling in this regard is Bhagwati Prasad v. Chandramaul,1 where the Supreme
Court laid down several guiding principles. It was held that:

 A fact not explicitly mentioned in the pleadings can still be considered if it is

inherently part of an issue and backed by evidence.
 While relief must generally be based on the pleadings, courts may exercise greater
flexibility in intricate matters involving property or substantive legal rights.
 The prayer clause is crucial—if it is inadequately framed, a party may be denied relief
despite having a strong case on merits.

The Court has also made it clear that an appellate court should not rule on issues that lack
specific pleadings, except in cases where there are strong, well-documented justifications for
doing so. This principle is further supported by various judicial decisions that emphasize the
procedural integrity of pleadings.

o In Sathi Vijay Kumar v. Tota Singh, the Supreme Court held that pleadings should
not be struck down unless they breach essential legal principles or contain unfounded,
defamatory material. The judgment underscored that even flawed pleadings deserve
consideration to ensure a fair hearing.

1
Bhagwati Prasad v. Chandramaul, AIR 1966 SC 735.

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o In Kisandas Rupchand & Ors v. Rachappa Vithoba Shilvant & Ors., the Bombay
High Court emphasized that amendments to pleadings should be permitted if they do
not cause prejudice to the opposing party and are crucial for resolving the real dispute.
This case highlighted the need to prioritize justice over procedural technicalities.
o In Ganga Bai v. Vijay Kumar, the Supreme Court affirmed that courts possess broad
discretion to allow amendments to pleadings—even beyond limitation periods—if
doing so serves the interests of justice. This reinforces the principle that procedural
laws are tools to achieve justice, not obstacles to it.

These judgments collectively underscore that precise, complete, and lawful pleadings are
indispensable for upholding access to justice.

In a legal dispute, pleadings are far more than mere formalities—they form the bedrock of the
case. By presenting the essential facts and legal claims (excluding evidence), they help both
the court and the parties involved to clearly grasp the real points of contention. As seen in
Ajmel Singh v. Kulwinder Singh2, even an affidavit can act as a valid admission if part of
pleadings. The CPC, particularly Order VI, guides how pleadings should be structured —
concise, fact-driven, and not inconsistent unless formally amended under Order VI Rule 17, a
provision that courts have interpreted liberally (Rajesh Kumar Aggarwal v. K.K. Modi,
2006).3

However, a case might be derailed before it even starts due to omissions or negligent
drafting. Order VII Rule 11 states that if a plaint does not reveal a legitimate cause of action,
it may be dismissed entirely as in Sopan Sukhdeo Sable4 and T. Arivandandam5.

2
Ajmel Singh v. Kulwinder Singh 2010(3) PLR 192.
3
Rajesh Kumar Aggarwal & Ors. v. K.K. Modi & Ors 2006 (2) RCR (C) 577.
4
Sopan Sukhdeo Sable & Ors. v. Assistant Charity Commissioner & Ors., (2004) 3 SCC 137.
5
T. Arivandandam v. T.V. Satyapal & Anr. (1977) 4 SCC 467.

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AUTHOR’S OPINION & CONCLUSION

Though often seen as a routine procedural formality, pleadings are essential to ensuring both
access to and fairness within the justice system. In the Indian context, poorly drafted
pleadings can disrupt the judicial process, causing delays, confusion, and potentially even
incorrect verdicts. While minor flaws can be corrected through amendments under Order VI
Rule 17 of the CPC, the failure to include key material facts is far more serious. Such
omissions can limit the court’s ability to adjudicate fairly and may lead to adverse inferences
that significantly influence the case outcome.

Pleadings help crystallize the matters in dispute, guiding the court to focus on relevant facts
during the trial. They also inform both sides of each other's claims and defenses, safeguarding
the right to a fair hearing. Additionally, well-drafted pleadings prevent new issues from being
raised mid-trial, thereby maintaining procedural discipline and avoiding unfair surprises.
Without them, a case cannot move forward effectively.

To promote access to justice, it is crucial that pleadings are drafted with precision and in line
with the CPC. Neglecting this responsibility can result in delays, case dismissals, or other
legal setbacks. Competent legal counsel is vital in ensuring that pleadings are not only
technically sound but also contribute to the overall aim of a transparent and just legal system.

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