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Report No. 163

Q.10. Order 6, rule 3 (Further and better statement of particulars): Clause 1(i) of the Bill

Order 6, rule 5 of the Code provides that the following may be ordered (by the court):

(a) A further and better statement of the particulars;

(b) further and better particulars of any matter stated in any pleading;

(c) The order may be upon such terms as may be just.

The Bill proposes deletion of this rule. The proposal seems to be based on the assumption that the present rule is unnecessary and may cause delay. However, the assumption so made may require further consideration. "Further and better particulars" are undeniably intended to enlighten the court and the opposite party, as to the nature of the case. The expression "further" denotes the quantitative aspect, while the expression "better" denotes the qualitative aspect.

In principle, the law should encourage such clarification of the controversy. Ordering of particulars may not necessarily cause delay. Rather, the more clear the controversy becomes, the less time will be taken, in future in disposing of the issues. The object of particulars is to enable the parties to understand the case better. Spedding v. Fitzpatrick, (1888) 38 Ch D 413.

Your views on the subject will be welcome.

The Code of Civil Procedure (Amendment) Bill, 1997 Back

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