Importance of Pleadings: From Claim to Judgment – Plaint to Rejoinder/Replication

The origination of a legal action in India occurs upon the filing of a case/plaint by the complainant/plaintiff, marking the commencement of the pleadings stage, which involves the exchange of reply/written statement outlining the respective positions of the parties.

In the Indian context, pleadings hold immense significance before the Courts as they are the foundation of case and help the Courts understand the nature of the case and the specific legal issues involved. Pleadings act as the roadmap for both parties and the Court throughout the legal proceedings.

Pleadings are legally significant as many law suits are rejected by Courts in India for the reasons that the pleadings are defective and cause of action is not properly spelt out or that pleadings do not specify whether the person signing plaint of suit has authority to institute suit or that the pleadings are silent on the filing and institution of the suit or that pleadings are not signed and verified by a person duly authorised to do so or that pleadings fail to explain how the Court has pecuniary, territorial and subject matter jurisdiction to try the case or that how the suit is properly valued for purpose of jurisdiction and for purpose of court fee or is within limitation etc.

In civil proceedings governed by Code of Civil Procedure, 1908 (‘CPC’), pleadings hold immense substance in facilitating a smooth and fair judicial process.  If a party omits to state or plead any material fact in pleadings, he/she will not be permitted to adduce evidence to prove such a fact at the trial. The general rule is that a party cannot prove a fact which he has not pleaded. Order VI of the CPC defines pleading to mean either a plaint or a written statement. Order VII of CPC deals with the plaint and Order VIII of CPC deals with written statement.  Generally, Pleadings are completed when Plaintiff files the plaint and the Defendant files its written statement.

The CPC lays down specific rules for drafting and presenting pleadings, ensuring clarity, conciseness, and adherence to legal principles. As per the CPC, pleadings should state material facts, not legal arguments or evidence by which those facts will be proven. Order VI of the CPC lays down specific rules for drafting pleadings, including requirements for clarity, conciseness, and adherence to specific formats. The four fundamental rules of pleadings are:

1) That a pleading shall contain, only a statement of facts, and not law;

2) That a pleading shall contain all material facts and material facts only.

3) That a pleading shall state only the facts on which the party pleading relies and not the evidence by which they are to be proved,

4) That a pleading shall state such material facts concisely, but with precision and certainty.

The question that mostly arise before the Courts in India is whether filing of subsequent pleading after filing of written statement is permissible and whether the replication is part of the pleadings?

Order VIII Rule 9 of CPC permits the parties to file a subsequent pleading with the leave of the Court. It provides that no pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or additionally written statement from any parties and fix a time of not more than thirty days for presenting the same.

Significantly the term ‘Replication’ does not find any place in CPC. However, in various cases, Plaintiff is permitted by Courts to file a rejoinder to the written statement filled by the defendant, such a rejoinder filled by the Plaintiff is termed as “Replication”.

In court proceedings in India, the terms - rejoinder and replication - are understood loosely and used as interchangeable terms or synonyms. Counsel often uses the term rejoinder loosely for a reply or replication filed by the plaintiff in answer to the defendant's plea. Courts have lamented that strangely enough, not only replications are filed by the plaintiffs to the written statements, even simple interlocutory applications such as those under Order VI Rule 17, Order XIII Rule 2, Order XVI Rule 9 of CPC are insisted on being supplemented by replications by the applicants on replies being filed by the opposite parties. 

Even though, pleading by way of replication is not to be found statutorily contemplated by the CPC, however, the same are contained in the Original Sides Rules of various State High Courts such as Delhi wherein Chapter VII of the Delhi High Court (Original Side) Rules, 2018 provides that the replication, if any, shall be filed within 30 days of receipt of the written statement, which can be extended by a further period not exceeding 15 days, if the Court is satisfied that the plaintiff was prevented by sufficient cause for exceptional and unavoidable reasons in filling the replication within 30 days.

A replication is not to be permitted by the Courts to be filed ordinarily, much less in routine, rather filing of a replication is permissible only in three situations:

(1) when required by law;

(2) when a counter claim is raised by the defendant;

(3) when the Court directs' or permits a replication being filed.

The Court may direct filing of a replication when the Court having scrutinised the plaint and the written statement feels the necessity of asking the plaintiff to join specific pleadings to a case specifically and newly raised by the defendant in the written statement.

A defendant can file written statement as a matter of right and for doing so he/she does not have to obtain the permission of the Court. On the other hand, a replication is not to be filed as a matter of right except to cases where the defendant has raised a plea of set off or made a counter claim but is to be filed only with the permission of the Court and this permission has to be granted after taking into consideration all the facts and circumstances of the case, specially the pleas which have been raised in the written-statement. In the garb of submitting a replication, a plaintiff cannot be allowed to introduce new pleas in the plaint so as to alter the basis of the plaint. In a replication the plaintiff has to simply explain if certain additional facts have been mentioned in the written statement and the plaintiff cannot be allowed to come forward with an entirely new case in his replication. The position of the plaintiff, to make changes in his plaint, cannot be the same as changes which can be allowed to be made in the written statement, for the reason that a defendant may be allowed to make amendments, which may be different from his earlier pleas but the plaintiff cannot be allowed to alter his original cause of action on which he has come before the Court. On this process, it can be said that the plaintiff cannot by way of replication introduce pleas which are not consistent with his earlier pleadings. No wonder, the CPC makes it obligatory that the pleading shall be signed by the party and his pleader (if any) and every pleading shall be verified at the foot by the by any of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.

The legal position from the above discussions emerges as under:

(a) Granting leave under Order VIII Rule 9 CPC is a matter of judicial discretion vested with a Court.

(b) Plaintiff has to assign cogent reasons for seeking permission to file replication to the written statement.

(c) If no replication is filed by the Plaintiff it does not amount to be an admission of the plea in the written statement.

(d) While deciding the question whether leave should be granted or not the Court shall take into consideration the delay if any that has taken place in filing the application seeking leave to file replication of the written statement.

( e) A mere denial of defendant's case by plaintiff needs no replication. The plaintiff can rely on rule of implied or assumed traverse and joinder of issue.

(f) Subsequent pleadings are not substitute for amendment in original pleadings.

(g) A plea inconsistent with the pleas taken in original pleadings cannot be permitted to be taken in subsequent pleadings.

(h) A plea which is foundation of plaintiff's case or essentially a part of causes of action of plaintiff, in absence whereof the suit will be liable to be dismissed or the plaint liable to be rejected cannot be introduced for the first time by way of replication

Anhad Law’s Perspective

In conclusion, pleadings play a vital role in ensuring a fair, efficient, and transparent civil justice system in India. Pleadings define the specific issues in dispute between the parties and outline the facts relied upon by each side, allowing the court to understand the nature of the case and focus on the points to be addressed during the trial.

Courts in India ensure that if permission for replication is being granted, issues shall be framed only after the replication is filed. Pleadings ensure both parties are aware of the claims and defenses against them as the plaintiff's plaint informs the defendant of the case against him, the written statement allows the defendant to respond and present his version of events. This ensures a fair hearing and due process. Pleadings further prevent parties from introducing new issues or facts during the trial without prior notice and opportunity for the other party to respond. This maintains order and prevents surprise tactics, ensuring a focused and efficient trial.

Pleadings serve as a roadmap for the evidence presented during the trial. The court ultimately bases its judgment on the evidence presented in light of the pleaded facts.

Pleadings are, therefore, the foundation of any litigation, and must be very carefully drafted. One of the reasons inter-alia why the litigations could drag on for years in India is due to defective pleadings which fail to conform to the rules laid down in the CPC. Any material omission in the pleading can entail serious consequences, because at the evidence and argument stages, parties are not permitted to depart from the points and issues raised in the pleadings, nor can a party be allowed to raise subsequently, except by way of amendment, any new ground of claim or any allegation of fact inconsistent with the previous pleadings of the party pleading the same. Failure to comply with pleading rules can lead to consequences like striking out irrelevant portions or rejection of the plaint on the ground that it discloses no cause of action. Additionally, as the pleadings need to be verified and supported by an affidavit and statement of truth in case of commercial suit, a person making a false verification is liable to be punished under the Indian Penal Code, 1860 as making a false statement is by itself an offence. It is therefore crucial that parties are aware of the complexities of law and should seek adequate legal counsel from a qualified professional for ensuring that pleadings are well-drafted and comply with the legal requirements to avoid adverse consequences.

Ranjan Jha, Partner and Dhruv Gandhi, Partner Writers can be reached at delhi@anhadlaw.com