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Report No. 54

Chapter 6



6.1. The provisions in Order 6 relating to pleadings in general are taken mainly from the English rules. The fundamental rule is that only facts, and only material facts, shall be stated in the pleadings, but not the evidence, and the statement of facts should be concise. The whole purpose of the system of pleadings is to narrow down the dispute between the parties to definite issues, and thereby to diminish expense and delay, especially as regards the amount of testimony required on either side at the hearing.1 From this fundamental rule follow the detailed guidelines given in the Order; and the philosophy of the Code towards encouraging amendments which are necessary for the purpose of determining the real questions in controversy between the parties, is given expression in rule 17 of this Order.

We do not consider any changes in this Order to be necessary.

1. Therp v. Holdsworth, (1876) 3 Ch D 637 (638, 639) (Jessel M.R.).

The Code of Civil Procedure, 1908 Back

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