Report No. 27
"2. Pleading to state material facts and not evidence.- (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."
[Cf. Order XVIII, rule 6(2), R.S.C. Revision (1962).]
Order VI, rule 14A (New)
After rule 14 of Order VI of the First Schedule to the principal Act, the following rule shall be inserted, namely:-
"14A. Address for service of notice.-(1) Every pleading when filed by a party shall be accompanied by a statement in the prescribed form, signed as provided in rule 14, and the party's address for service.
(2) Such address may, from time to time, be changed by lodging in court a form duly filled up and stating the new address of the party and accompanied by a verified petition.
(3) The address so given shall be called the "registered address" of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit or in any appeal from any decree or order therein made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause or matter.
(4) Service of any process may be effected upon a parhy at his registered address in all respects as though such party resided thereat.
(5) Where a party files an address for service under this rule, which is to be discovered false, fictitious or illusory, he shall, if he is a plaintiff, be liable to have his suit stayed, or if a defendant, to have his defence, if any, struck out and to be placed in the same position as if he had not defended: and an order saying his suit or striking out his defence may he passed by the Court of its own motion, or on the application of any party.
[Cf. Order VI, rule 14A (Calcutta).]
(6) Where a suit is stayed or a defence struck out under sub-rule (5), the plaintiff or defendant, as the case may be, may apply for an order to set aside the stay or striking out; and if files the true address and satisfies the Court that he was prevented by any sufficient cause from filing the true address at the proper time, the Court shall set aside the stay or striking out on such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit or defence as the case may require.
[Cf. Madhya Pradesh Amendment, Order VII, rule 21(2).]
(7) The provisions of this rule for service at the registered address shall be without prejudice to any other mode of service.".
[Cf. Order VII, rule 25, Bombay Allahabad, Patna, etc., amendment.]
Order VI, rule 16
For rule 16 of Order VI of the First Schedule to the principal Act, the following rule shall be substituted, namely:-
"16. Striking out pleadings.-The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-
(a) which may be unnecessary or scandalous, frivolous or vexatious, or
(b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or
(c) which is otherwise an abuse of the process of the Court.".
[Cf. Order XVIII, rule 19, R.S.C. (Revised) 1962.]
Order VI, rule 17
Rule 17 of Order VI of the First Schedule to the principal Act shall be re-numbered as sub-rule (1) thereof, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-
"(2) The Court may allow an alteration or amendment of the plaint under this rule notwithstanding that after such alteration or amendment the Court would not be competent to try the suit; and where the Court allows such alteration or amendment, it shall, after allowing the alteration or amendment, return the plaint for presentation to the proper Court, and the provisions of rule 10 of Order VII shall apply to an order so returning the plaint.".
Order VII, rule 9
In rule 9 of Order VII of the First Schedule to the principal Act, for sub-rule (1), the following sub-rules shall be substituted, namely:-
"(1) The plaintiff shall endorse on the plaint, or annex thereto, a list of the documents (if any), which he has produced along with it, and shall within such time as may be fixed by the Court or extended by it from time to time, present as many copies on plain paper of the plaint as there are defendants, unless the Court, by reason of the length of the plaint or the number of the defendants or for any other sufficient reason, permits him to present a like number of concise statements of the nature of the claim made or of the relief claimed in the suit, in which case he shall present such statements.
(1A) The plaintiff shall also pay the court fees and postal charges chargeable for the service of summons on the defendants before or at the time when he presents copies of the plaint or concise statements under sub-rule (1)."
[Cf. Order IX, rule 2.]
Order VIII, written statement and set-off
For the heading to Order VIII of the First Schedule to the principal Act, the following heading shall be substituted, namely:-
"Written Statement,.................... Set-Off and Counter-Claim".
Order VIII, rule 1
Rule 1 of Order VIII of the First Schedule to the principal Act shall be re-numbered as sub-rule (1) thereof, and after sub-rule (1) as so re-numbered, the following sub-rules shall be inserted, namely:-
"(2) Where the defendant relies on any document (whether in his possession or power or not) in support of his defence or claim for set-off, he shall enter such documents in a list, and shall-
(a) if a written statement is presented, add or annex the list to the written statement;
(b) if a written statement is not presented, present it to Court at the first hearing of the suit.
[Cf. Order VII, rule 14.]
(3) Where any such document is not in the possession or power of the defendant, he shall, if possible, state in whose possession or power it is.
[Cf. Order VII, rule 15.]
(4) If no such list is so added or annexed or presented, the defendant shall be allowed such further period as the Court may allow to file his list of documents.
[Cf. Punjab Amendment Order VIII, rule 1(2), latter half]
(5) A document which ought to be entered in the list referred to in sub-rule (2), and which is not entered accordingly, shall not, without the leave of the Court, be received in evidence on behalf of the defendant at the hearing of the suit.
[Cf. Punjab Amendment Order VIII, rule 1(3).]
(6) Nothing in sub-rule (5) applies to documents produced for cross-examination of the plaintiff's witnesses or handed to a witness merely to refresh his memory.
(7) Where a Court grants leave under sub-rule (5), it shall record its reasons for so doing, and no such leave shall be granted unless good cause is shown to the satisfaction of the Court for the non-entry of the document".
[Cf. Punjab Amendment Order VIII, rule 1(4).]
Order VIII, rules 6A to 6G (New)
After rule 6 of Order VIII of the First Schedule to the principal Act, the following rules shall be inserted, namely:-
Back
