1. The Fundamental rules of pleading in terms of drafting a plaint

 The fundamental rules of pleading, particularly in the context of drafting a plaint (a formal written statement of claim in a civil suit), are essential to ensure clarity, precision, and legal sufficiency. These rules are primarily derived from the Code of Civil Procedure, 1908 (CPC) — especially Order VI (General Rules of Pleading) and Order VII (Plaint). Below is an explanation of these fundamental rules:

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🔷 Fundamental Rules of Pleading in Drafting a Plaint:

1. Facts, Not Law

• Only material facts should be stated, not the evidence or law.

• Legal conclusions or arguments should be left for the court.

• Example: Say “Defendant borrowed ₹1,00,000 on 1st Jan 2024,” rather than “Defendant is liable under Section 73 of the Contract Act.”

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2. Material Facts Only

• Only those facts that are necessary to constitute the cause of action should be included.

• Avoid unnecessary or irrelevant details.

• Example: If the case is about non-payment of loan, plaintiff need not narrate how the parties first met.

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3. No Evidence Required

• A plaint should not include evidence that will prove the facts.

• Evidence is to be produced during trial, not in the pleading.

• Example: Don't attach or describe bank statements or receipts in the plaint.

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4. Conciseness and Clarity

• Pleadings must be clear, precise, and unambiguous.

• Avoid long-winded or confusing language.

• Use simple and direct sentences to convey each point.

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5. Statements in Paragraphs and Chronological Order

• Facts should be stated in separate, numbered paragraphs, preferably in the order of events.

• This enhances readability and legal clarity.

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6. Cause of Action

• The plaint must show that the plaintiff has a cause of action — a set of facts that gives rise to a legal claim.

• The absence of cause of action may lead to rejection of the plaint.

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7. Jurisdiction

• The plaint must mention how the court has territorial and pecuniary jurisdiction over the case.

• Example: “The cause of action arose in Bilaspur, and the value of the suit is ₹4,00,000, which falls within the jurisdiction of this Hon’ble Court.”

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8. Relief Claimed

• The prayer or relief section must specify clearly what the plaintiff seeks.

• Example: “A decree for ₹1,00,000 with 12% interest per annum from 01.01.2024 till realization.”

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9. Verification

• The plaint must end with a verification clause, affirming that the facts stated are true to the plaintiff’s knowledge and belief.

• It must be signed and verified by the plaintiff or their authorized agent.

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