DPCC Notes (Edited)
DPCC Notes (Edited)
Under Indian jurisprudence, the concept is rooted in the Code of Civil Procedure, 1908 (CPC). Order II, Rule 2
of the CPC mandates that a suit must include the whole of the claim arising from a cause of action. The term is
also interpreted through judicial precedents, such as in ABC Laminart Pvt. Ltd. v. A.P. Agencies (AIR 1989 SC
1239), where the Supreme Court defined cause of action as a bundle of facts that, when proved, entitle the
plaintiff to relief.
1. Jurisdiction: The place where the cause of action arises wholly or in part governs the territorial jurisdiction
of the court under Section 20 of the CPC. For instance, in a breach of contract, the cause of action may arise
where the contract was made or breached.
2. Limitation Period: The Limitation Act, 1963, prescribes time limits for filing suits based on when the cause of
action accrues. For example, a suit for recovery of money must be filed within three years from the date the
cause of action arises (Article 113, Limitation Act).
3. Maintainability: The presence of a valid cause of action is essential for a suit to be maintainable. Without it,
the plaint is liable to be rejected under Order VII, Rule 11 of the CPC.
Disclosing the cause of action in the plaint, as required under Order VII, Rule 1(e) of the CPC, ensures clarity in
the plaintiff’s claim, enabling the defendant to respond appropriately and the court to adjudicate effectively. It
prevents frivolous or vexatious litigation by requiring the plaintiff to establish a prima facie case.
A well-defined cause of action streamlines judicial proceedings by focusing on material facts, reducing
ambiguity, and aiding in the framing of issues under Order XIV of the CPC.
Non-disclosure may lead to procedural delays, as the defendant may file applications to reject the plaint, or the
court may direct the plaintiff to amend the plaint under Order VI, Rule 17 of the CPC. This can result in
additional costs and prolonged litigation.
Under Order II, Rule 2 of the CPC, if the plaintiff omits to sue on a part of the cause of action, they are barred
from filing a subsequent suit on the same cause of action without leave of the court. Failure to properly
disclose the cause of action may lead to such forfeiture of claims.
The court may draw an adverse inference against the plaintiff for suppressing material facts, weakening their
case. In Sopan Sukhdeo Sable v. Assistant Charity Commissioner (2004) 3 SCC 137, the Supreme Court noted
that incomplete disclosure of the cause of action undermines the plaintiff’s credibility
Pleadings are written statements filed by parties in a civil suit, outlining their respective claims,
defenses, and material facts. In India, pleadings are governed by the Code of Civil Procedure, 1908
(CPC), primarily under Order VI (Pleadings Generally), Order VII (Plaint), and Order VIII (Written
Statement).
Examples include the plaint (filed by the plaintiff) and the written statement (filed by the defendant).
They may also include counterclaims, set-offs, or additional written statements as permitted by the
court.
2. Object of Pleadings
To Define Issues: Pleadings narrow down the points of contention between parties, helping the court
identify the issues to be adjudicated. As per Order XIV of the CPC, issues are framed based on
pleadings, ensuring focused litigation.
To Provide Clarity: Pleadings ensure that each party clearly states their case, including material facts,
claims, and defenses, reducing ambiguity and preventing surprises during trial.
To Facilitate Fair Trial: By requiring parties to disclose their case in advance, pleadings ensure fairness,
giving the opposing party an opportunity to respond adequately.
To Prevent Frivolous Litigation: Pleadings must disclose a cause of action or valid defense, discouraging
baseless suits or defenses, as reinforced by Order VII, Rule 11 (rejection of plaint) and judicial
precedents.
To Record Claims: Pleadings serve as a formal record of the parties’ positions, aiding the court in
understanding the dispute and ensuring all claims are addressed within the scope of the suit (Order II,
Rule 2, CPC).
3. Importance of Pleadings
Pleadings play a critical role in Indian civil litigation for the following reasons:
Foundation of Litigation: Pleadings form the basis of the entire suit, as the court’s adjudication is
confined to the issues raised in them. Parties cannot lead evidence beyond their pleadings unless
amended.
Jurisdictional Clarity: Pleadings help determine the court’s jurisdiction by disclosing the cause of
action, including its time and place, as required under Section 20 and Order VII, Rule 1 of the CPC.
Compliance with Legal Requirements: Order VI, Rule 2 mandates that pleadings contain only material
facts, concisely stated, without evidence or legal arguments. This ensures compliance with procedural
law and maintains focus on relevant issues.
Aid in Evidence and Trial: Pleadings guide the parties in presenting evidence, as evidence must align
with the facts pleaded. They also assist the court in framing issues and conducting the trial efficiently.
Prevention of Delay: Clear and complete pleadings reduce the need for amendments or clarifications,
minimizing procedural delays. Courts may reject vague or incomplete pleadings to uphold judicial
efficiency.
Statutory and Judicial Oversight: Pleadings are scrutinized for compliance with CPC provisions, such as
Order VII, Rule 11 (rejection of plaint for non-disclosure of cause of action) and Order VI, Rule 16
(striking out unnecessary pleadings), reinforcing their legal significance.
1. Inducement in Pleadings
Definition: In the context of pleadings under Indian law, inducement refers to introductory or
preliminary facts stated in a plaint or written statement to provide context or background to the main
claim or defense. These facts set the stage for the material facts but do not directly constitute the
cause of action or defense.
Legal Basis: Governed by the Code of Civil Procedure, 1908 (CPC), particularly Order VI, Rule 2, which
requires pleadings to contain material facts but allows introductory facts for clarity. The concept is also
shaped by judicial interpretations, such as in Kedar Lal v. Hari Lal (AIR 1952 SC 47), where courts
emphasized that pleadings should include necessary background facts.
Examples:
o In a suit for breach of contract, the inducement might include details of how the parties entered
into the contract (e.g., “The plaintiff and defendant executed a sale agreement on 1st January
2023 for the purchase of property”).
o In a divorce petition, the inducement could describe the date and place of marriage to establish
the marital relationship.
Characteristics:
Definition: Material facts are the essential facts that form the basis of the plaintiff’s cause of action or
the defendant’s defense. These are the facts that must be proved to succeed in the claim or defense, as
they directly relate to the legal rights and duties in dispute.
o Establish the legal right, its breach, and the resulting damage (for plaintiffs) or negate the claim
(for defendants).
Legal Basis: Order VI, Rule 2 of the CPC mandates that pleadings must contain all material facts in a
concise form. Order VII, Rule 1(e) specifically requires the plaint to state facts constituting the cause of
action.
Examples:
o In a suit for recovery of money, material facts include the loan agreement, the amount lent, the
defendant’s failure to repay, and the due date.
o In a divorce petition under the Hindu Marriage Act, 1955, material facts include specific acts of
cruelty (e.g., “On 15th August 2023, the respondent verbally abused the petitioner in public at
Delhi”).
Characteristics:
Definition Preliminary facts providing context to Essential facts forming the basis of the cause of
the claim or defense. action or defense.
Role in Sets the background or narrative for Constitutes the core elements of the legal claim or
Pleadings the dispute. defense.
Essentiality Not essential to prove the claim or Essential to prove; omission may lead to dismissal
defense; omission does not defeat the or rejection of the plaint.
case.
Legal Does not directly affect the Non-disclosure can result in rejection under Order
Consequence maintainability of the suit. VII, Rule 11(a) of the CPC.
Example “The plaintiff and defendant were “The defendant deserted the plaintiff on 1st
married on 12th April 2015 in Delhi.” January 2023 without cause.”
Relevance to Does not directly entitle the party to Directly determines entitlement to relief.
Relief relief.
Meaning
Definition: The writ of Quo Warranto, meaning "by what authority," is a judicial remedy used to
challenge the legality of a person’s claim to hold a public office or position. It questions the authority or
right of an individual to occupy a public office.
Legal Basis: In India, it is issued under Article 226 of the Constitution (by High Courts) and Article 32 (by
the Supreme Court, in cases involving fundamental rights). It is part of the prerogative writs derived
from English common law.
Purpose
To ensure that public offices are held by individuals with legal authority or qualifications.
1. Public Office: The office in question must be a public office (e.g., government posts, statutory positions)
created by the Constitution or law, not a private position.
2. Unlawful Occupation: The person holding the office must lack legal authority, due to:
3. No Adequate Alternative Remedy: The petitioner must show that there is no other effective legal
remedy available.
4. Locus Standi: The petitioner need not have a personal interest; any citizen can file for Quo Warranto as
a matter of public interest.
5. Substantial Question: The court must be satisfied that there is a substantial question regarding the
occupant’s authority.
Examples
Questioning a person continuing in a public office after disqualification (e.g., a disqualified MLA).
2. Writ of Mandamus
Meaning
Definition: The writ of Mandamus, meaning "we command," is a judicial order directing a public
authority, government, or inferior court to perform a public or statutory duty that it has failed or
refused to perform.
Legal Basis: Issued under Article 226 (High Courts) and Article 32 (Supreme Court, for enforcement of
fundamental rights). It is a prerogative writ aimed at ensuring administrative accountability.
Purpose
To protect the rights of citizens by ensuring government action in accordance with law.
2. Public Duty: The respondent (authority) must have a legal or statutory duty to act, and this duty must
be mandatory, not discretionary.
3. Refusal or Failure: The authority must have refused or failed to perform the duty despite demand by
the petitioner.
5. Demand and Refusal: The petitioner must have demanded performance of the duty, and the authority
must have refused (except in cases where demand is futile).
6. Clean Hands: The petitioner must approach the court with clean hands, without mala fide intent.
Examples
INTERPLEADER SUIT
Definition: An interpleader suit is a civil action filed by a person (the plaintiff) who holds property,
money, or a stake but does not claim any interest in it and seeks the court’s intervention to resolve
conflicting claims made by two or more parties (defendants) to that property or stake. The plaintiff,
often a neutral party, requests the court to determine the rightful claimant.
Legal Basis: Governed by Section 88 and Order XXXV of the Code of Civil Procedure, 1908 (CPC) in India.
The suit is a procedural mechanism to protect the plaintiff from multiple liabilities and ensure the
disputed property is awarded to the rightful claimant.
Avoid Multiple Liabilities: Protects the plaintiff (e.g., a stakeholder) from being sued multiple times by
rival claimants for the same property or debt.
Resolve Conflicting Claims: Enables the court to adjudicate disputes between claimants, ensuring the
property is delivered to the rightful owner.
Relieve the Plaintiff: Allows the plaintiff to deposit the disputed property or amount in court, thereby
discharging their obligation and avoiding further involvement in the dispute.
Prevent Unjust Enrichment: Ensures that only the entitled party receives the property, preventing
wrongful claims.
Judicial Efficiency: Consolidates competing claims into a single suit, reducing multiplicity of legal
proceedings.
An interpleader suit can be filed under the following specific circumstances, as outlined in Section 88 and
Order XXXV of the CPC:
o The plaintiff must hold property, money, or a stake (e.g., goods, funds, or securities) that is the
subject of dispute.
o Example: A bank holding a fixed deposit claimed by two parties (e.g., heirs of a deceased
account holder).
o Two or more persons must assert rival claims to the same property or debt held by the plaintiff.
o The claims must be mutually exclusive, meaning only one claimant can be entitled.
o The plaintiff must have no interest in the property or stake, except for any charges or costs (e.g.,
storage fees or legal expenses).
o Example: A tenant holding rent but unsure which landlord to pay due to a ownership dispute.
4. No Collusion:
o The plaintiff must not be in collusion with any of the claimants. The suit must be filed in good
faith to resolve genuine disputes.
o Order XXXV, Rule 5 bars the suit if the plaintiff is acting in concert with any claimant.
5. No Pending Suit:
o There must be no other suit pending between the plaintiff and any claimant regarding the same
property or debt, unless the court permits otherwise.
o Example: If a claimant has already sued the plaintiff for the property, an interpleader suit may
not be maintainable unless the court allows.
o The plaintiff must demonstrate a reasonable doubt or risk of multiple liabilities due to
conflicting claims.
o Example: An insurance company facing claims from multiple beneficiaries for the same policy
amount.
Introduction
A plaint is a written statement filed by the plaintiff to initiate a civil suit, outlining the cause of action,
facts, and relief sought.
Order VII Rule 11 of the CPC empowers courts to reject a plaint at the threshold if it fails to meet
specific legal requirements, ensuring judicial efficiency and preventing frivolous or defective suits.
The rejection is a procedural safeguard to eliminate meritless litigation without proceeding to trial or
evidence recording.
The court examines only the plaint and annexed documents, not the defendant’s pleas or evidence,
unless explicitly required.
The plaint shall be rejected under the following circumstances, as outlined in Order VII Rule 11 (a) to (f). The
list is not exhaustive, and courts may reject plaints on other justified grounds.
o The plaint must disclose a cause of action, i.e., facts showing a legal wrong entitling the plaintiff
to relief.
o If the plaint lacks facts constituting a legal claim, even if all allegations are true, it is liable to be
rejected.
o Judicial Interpretation:
Roop Lal Sathi v. Nachhatar Singh Gill (1982): The plaint must be rejected as a whole if
no cause of action is disclosed; partial rejection is not permissible.
o Example: A plaint alleging wrongful conduct without specifying how it violated the plaintiff’s
legal rights may be rejected.
o The plaint must correctly value the relief sought as per the suit’s nature (e.g., property value,
damages).
o If undervalued, the court may direct the plaintiff to correct the valuation within a specified time.
Failure to comply leads to rejection.
o Example: Valuing a ₹1 crore property suit at ₹10 lakh to evade higher court fees, and not
correcting it, leads to rejection.
3. Insufficiently Stamped Plaint [Rule 11(c)]
o The plaint must be filed with the requisite court fees and stamp duty as per the Court Fees Act,
1870.
o If insufficiently stamped, the court grants time to rectify. Non-compliance results in rejection.
o Judicial Interpretation:
Harish Bhardwaj (Delhi HC): Mere allegations of insufficient stamping without evidence
cannot justify rejection; the defendant must prove the deficiency.
o Note: Indigent plaintiffs can apply for exemption under Order XXXIII CPC.
o The plaint is rejected if the suit is barred by any law, such as:
Limitation: Filing beyond the prescribed limitation period (e.g., 3 years for recovery suits
under the Limitation Act, 1963).
Statutory Prohibition: Suits barred by special statutes like the Consumer Protection Act
or SARFAESI Act.
Mandatory Notice: Failure to serve notice under Section 80 CPC for suits against the
government.
o Judicial Interpretation:
Dahiben v. Arvindbhai Kalyanji Bhanusali (2020): A suit filed after the limitation period
(e.g., 5 years after a sale deed) without justification is barred and must be rejected.
o Example: A suit for a time-barred debt or without mandatory notice under Section 80 CPC is
rejected.
o The plaint must be filed in duplicate (one for the court, one for the defendant) as per Order IV
Rule 1 CPC.
o Failure to file in duplicate leads to rejection to avoid disputes over document authenticity.
o The plaintiff must provide copies of the plaint and documents relied upon for service on
defendants, as per Order VII Rule 9.
o Example: Not submitting required document copies within the stipulated time.
KEY POINTS FOR DRAFTING PLAINT
1. Clarity and Precision: Use simple, clear language to state facts, avoiding ambiguity or unnecessary
details. Ensure each paragraph addresses a single point.
2. Material Facts Only: Include all essential facts constituting the cause of action, avoiding irrelevant or
evidentiary details (Order VI Rule 2).
3. Cause of Action: Clearly state the legal wrong, how it arose, and the plaintiff’s entitlement to relief
(Order VII Rule 1(e)).
4. Proper Valuation: Accurately value the suit for court fees and jurisdiction, ensuring compliance with
the Court Fees Act, 1870 (Order VII Rule 1(i)).
5. Correct Parties: Join all necessary and proper parties (plaintiffs and defendants) to avoid issues of non-
joinder or misjoinder (Order I).
6. Compliance with Formalities: File the plaint in duplicate, with requisite court fees, and attach all relied-
upon documents (Order IV Rule 1, Order VII Rule 9).
7. Relief Sought: Specify the exact relief (e.g., damages, injunction) with precision, avoiding vague claims
(Order VII Rule 7).
8. Verification and Signature: Verify all facts by the plaintiff or authorized agent and sign the plaint,
ensuring truthfulness (Order VI Rule 15).
These points ensure the pleading is legally sound, avoids rejection under Order VII Rule 11, and facilitates
effective adjudication.
Material Facts
Definition: Material facts are the essential facts that constitute the cause of action or defense, forming
the foundation of the plaintiff’s claim or defendant’s response. These are the facts necessary to
establish the legal right violated and the relief sought.
Purpose in Pleadings:
o To inform the court and the opposite party of the basis of the claim or defense.
Characteristics:
o Direct and Relevant: Only facts directly related to the legal claim or defense.
Examples:
o In a breach of contract suit: The existence of a contract, its terms, the defendant’s breach, and
the plaintiff’s loss.
o In a property dispute: The plaintiff’s title, the defendant’s wrongful possession, and the date of
dispossession.
Legal Mandate: Order VI Rule 2(1) mandates that pleadings must contain “material facts” in a concise
form.
Definition: Evidence comprises the means (documents, witnesses, or other proof) used to substantiate
or prove the material facts during the trial.
o Order VI Rule 2(1) explicitly states that pleadings should not include evidence, as evidence is
relevant only at the trial stage (Order XIV for issues, Order XVIII for evidence).
o Including evidence makes pleadings lengthy, vague, or argumentative, violating the requirement
of conciseness.
o Evidence is subject to proof and cross-examination, not part of the preliminary pleading stage.
Characteristics:
o Detailed and Substantiative: Includes specifics like witness statements, document contents, or
technical proof.
o Proven at Trial: Presented through affidavits, oral testimony, or exhibits under the Indian
Evidence Act, 1872.
Examples:
o In a breach of contract suit: The contract document’s exact clauses, emails showing
negotiations, or witness testimony about the breach.
o In a property dispute: The sale deed copy, surveyor’s report, or neighbor’s statement confirming
possession.
Judicial Guidance:
o Udhav Singh v. Madhav Rao Scindia (1976): Pleadings must state material facts, not evidence,
to avoid burdening the court with unnecessary details.