Basic Principles of Pleading
ORDER VI
PLEADINGS GENERALLY
1. Pleading
"Pleading", shall mean plaint or written statement.
1[2. Pleading to state material facts and not evidence
(1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved.
(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.
(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.]
1. Subs, by Act No. 104 of 1976, sec. 56, for rule 2 (w.e.f. 1-2-1977).
3. Forms of pleading
The forms in Appendix A when applicable, and where they are not applicable forms of the like character, nearly as may be, shall be used for all pleadings.
4. Particulars to be given where necessary
In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.
HIGH COURT AMENDMENT
Karnataka:-
In Order VI, renumber rule 4 as sub-rule (1) thereof and insert the following sub-rule, namely:-
"(2) In a suit of infringement of a patent, the plaintiff shall state I his plaint or annexed thereto the particulars of the breaches relied upon, and defendant if he disputes the validity of the patent shall state in his written statement or annex thereto the particulars of the objections on which he relies in support of such invalidity; at the hearing of any such suit no evidence, shall, except with the leave of the Court (to be given upon such terms as to the Court may seem just), be admitted in proof of any alleged infringement or
PLEADINGS GENERALLY
1. Pleading
"Pleading", shall mean plaint or written statement.
1[2. Pleading to state material facts and not evidence
(1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved.
(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.
(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.]
1. Subs, by Act No. 104 of 1976, sec. 56, for rule 2 (w.e.f. 1-2-1977).
3. Forms of pleading
The forms in Appendix A when applicable, and where they are not applicable forms of the like character, nearly as may be, shall be used for all pleadings.
4. Particulars to be given where necessary
In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.
HIGH COURT AMENDMENT
Karnataka:-
In Order VI, renumber rule 4 as sub-rule (1) thereof and insert the following sub-rule, namely:-
"(2) In a suit of infringement of a patent, the plaintiff shall state I his plaint or annexed thereto the particulars of the breaches relied upon, and defendant if he disputes the validity of the patent shall state in his written statement or annex thereto the particulars of the objections on which he relies in support of such invalidity; at the hearing of any such suit no evidence, shall, except with the leave of the Court (to be given upon such terms as to the Court may seem just), be admitted in proof of any alleged infringement or