Supreme Court Pleadings

Supreme Court Pleadings

In this article, we have discussed the Supreme Court pleadings.

Pleadings

Pleading, in law, written presentation by a litigant in a lawsuit setting forth the facts upon which he claims legal relief or challenges the claims of his opponent. A pleading includes claims and counterclaims but not the evidence by which the litigant intends to prove his case.

Meaning and Objectives

Pleadings mean a written statement or plaint, forming the backbone of every suit. A plaintiff pleading in his plaint would be a statement under which he sets out his cause of action, inclusive of all relevant particulars. Pleadings need to be properly drafted with clear and concise language so to avoid any hesitancy.

Pleadings contain complaints, answer, counterclaims and reply. A complaint in a civil case is very important in declaring the plaintiff’s facts and stand in the case. The aim of pleading is to ensure that the issues in the dispute are properly detailed to eliminate further delays or expenses.

The object of pleadings is to ensure parties are stating the issue at hand and to further prevent them from being enlarged once the trial commences. It also helps in keeping the parties on track in terms of what needs to be proved at trial. Order 6 of the CPC covers pleadings in general and for the purpose of this answer, the focus shall be on Order 6 Rule 17 which deals with the amendment of pleadings.

Amending a pleading means to make a correction to what has already been submitted to the Court in the plaint or written statement. There may be instances where certain details may not be available at a certain time but may become available at a later stage or maybe one may not be able to plead all material facts and to avoid such a situation, a provision for amendment exists in the CPC.

Drafting and Pleadings

A successful lawyer must know the basic principle of the drafting of a plaint, written statement; petition and affidavit etc.The pleadings are the foundation of litigation Well drafted pleading plays a very important role to get justice for the clients.

Pleading in a Suit:

Pleading is defined in the code of civil procedure in O 6, RULE 1. as given below:-

“Pleading” shall mean plaint or written statement.”

Order 6 Rule 2 says pleading to state material facts and not evidence.

2 (1)every pleading shall contain and contain only a statement in the 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. The basic principle of pleading is that “pleading should refer to the fact alone, it should not be argumentative averment.”(M/s strong construction v. state of u.p. AIR 2005 All 224), Mandatory requirements–see– Jitu Patnaik versus Sanatan Mohakud & Others 2012 (1) U.A.D. 767 (SC).

Pleading–held– The court cannot travel beyond the pleadings as no party can lead the evidence on an issue/point not raised in the pleadings and in case, such evidence has been adduced or a finding of fact has been recorded by the court, it is just to be ignored. Union of India versus Ibrahim Uddin & Anr 2012 (2) U.A.D. 566 (SC)

The object of Pleading:-“It is the well-settled position of law that the whole object of pleading is to give fair notice to each party of what the opponent’s case is, and to ascertain, with precision, the points on which the parties agree and those on which they differ, and thus to bring the parties to a definite issue. The purpose of pleading is also to eradicate irrelevancy. In order to have a fair trial, it is imperative that the party should state the essential facts so that the other party may not be taken by surprise. The parties thus themselves know what are matters left in dispute and what facts they have to prove at the proceeding and are thus given an opportunity to bring forward such evidence as may be appropriate. The main object of pleadings is to find out and narrow down the controversy between the parties. The contention which is not based on the pleadings cannot be permitted to be raised either at the time of arguments or at the appellate stage.”The New India Assurance Co. Ltd. vs. Surender Singh & others. (HC) UAD 2007, 423.

There are two types of pleading mainly in a suit

Plaint

Order 7 Rule 1 of the civil procedure code says that plaint shall contain the following particulars:-

1. The name of the court in which the suit is brought.

2. The name, description and place of residence of the plaintiff.

3. The name, description and place of residence of the defendant, so far as they can be ascertained.

4. Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect

5. The fact constituting the cause of action and when it arose.

6. The fact showing that the court has jurisdiction;

7. The relief which the plaintiff claim;

8. Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or so relinquished:and

9. a statement of the value of the subject matter of the suit for the purposes of jurisdiction and of court fees, so far as the case admits.

Written Statement

A ‘defence’ is called the written statement, in general, this is a reply of the plaint, in which the defendant deny or admit each and every allegation of fact given in the plaint. Denial or admission must be Para wise and clear. It is settled law that denial for want of knowledge is no denial at all. The provisions contained in Order 8 Rule 5 require pleadings to be answered specifically in written statements. 2016 (3)UAD 30 SC Muddasani venkata narsaiah (D) through LRS versus Muddasani Sarojina. In the written statement defendant can put his case also under the heading additional plea, and can state new facts or ground which is necessary to defeat the opponent. If the defendant wants to put his own claim against the plaintiff he can put it by way of set-off and counter claim u/o 8 Rule 6 and 6A of C.P.C.

NOTE:-The facts which remain unanswered by the defendant will be presumed that the said fact was admitted by the defendant. In general, the fact which is taken to be admitted need not be proved. A pleading must be unambiguously clear and correct . Carelessly prepared pleading can spoil the suit.

Time for Filing of Written Statement:

The time for filing a written statement is fixed for 30 days from the date of service of summons on him and the maximum time limit from the date of service of summons is ninety days. Order, 8 Rule 1

Provision of Order 8, Rule 1. are directory in nature even after expiry of stipulated period court can extend the time to file written statement. (AIR 2002 SC 2487, Rameshwar Lal v. Daya Nand AIR 2005.)

The frame of Suit:

Order 2 Rule 1 says:-  “Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subject in dispute and to prevent further litigation concerning them.” There are two important things in order 2 rule 1, firstly, before framing a suit pleader should be remembered that “as far as practicable, it should be so framed as to afford ground for the final decision of the subject in disputes.” and secondly, to prevent further litigation concerning them.

Order 2 Rule 2 says:- that “every suit shall include the whole of the claims which the plaintiff is entitled to make in respect of the cause of action, but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any court. Actually, the main object of this rule is to avoid the multiplicity of suits, so it requires that every suit shall include  the whole of the claim which the plaintiff is entitled to make in respect of the cause of action”  If he omits or relinquishes any portion of his claim he shall not afterwards sue in respect of the portion so omitted  or relinquishes ( Order 2 Rule2 sub-rule 3 ) but if he omits or relinquished any relief with the permission of the court he shall afterwards sue for the relief so omitted or relinquished ( Sub-rule 3 of Rule 2 C.P.C.)

Fundamental rules of pleading

  1. No amount of evidence can be looked into, upon a plea which was never put forward in the pleading. A question which did arise from the pleadings and which was not the subject matter of an issue, cannot be decided by the court. It is well settled that no amount of evidence can be looked into to find a case for which there has been absolutely no foundation in the pleadings. (Vide AIR 1930 P.C. 57 – Siddik Mohammed Shah v. Mt. Saran and others, Elizabeth v. Saramma – 1984 K.L.T. 606, Trojan & Co., v. Nagappa – AIR 1953 SC 235, Bhagwati Prasad v. Chandramaul – AIR 1966 SC 735).
  2. A court cannot make out a case not pleaded, the court should confine its decision to the question raised in pleading nor can it grant a relief which is not claimed and which does not flow from the facts and the cause of action alleged in the plaint.
  3. A factual issue cannot be raised as considered for the first time in a second appeal.2009 (1) SCCD 220 SC. Bachhaj Nahar vs. Nilima Mandal and others.

Supreme Court Pleadings

Every year, the Supreme Court receives about 10,000 petitions for writ of certiorari, but only hears about 80 of them.  Unlike lower appellate courts, the Supreme Court’s review of a case is not a matter of right, but of judicial discretion.  Rule 10 of the Supreme Court’s Rules states that a petition for writ of certiorari will be granted only for compelling reasons.

Special leave petition before the supreme court of India challenging the high court’s order on criminal (bail) application

The High Court has rejected the Bail Application of the Accused. The remedy is to approach the Hon’ble Supreme Court of India. This is the precedent of the Special Leave Petition before the Supreme Court of India challenging the High Court’s Order on Criminal (Bail) Application.

The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.

The Supreme Court has held that an order passed by the National Consumer Disputes Redressal Commission (NCDRC) in appeal under Section 58(1)(a)(iii) of the Consumer Protection Act 2019 can be challenged in a writ petition filed before a High Court under Article 227 of the Constitution.

Special leave petition (SLP) before the Hon’ble supreme court of India under Article 136 of the constitution of India

This is the Special Leave Petition to be filed before the Hon’ble Supreme Court of India against the final order of the High Court. This is the precedent for a Special Leave Petition (SLP) before the Hon’ble Supreme Court of India under Article 136 of the Constitution of India.

The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.

Writ petition before the supreme court of India under Article 32 of the constitution of India

This is the precedent of a writ petition under Article 32 of the Constitution of India to be filed directly before the Hon’ble Supreme Court of India. Such Petitions are mainly in the form of Public Interest Litigation.

Under Article 32, a writ petition can be filed in the Supreme Court. The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed. It is important to note that the right to approach the Supreme Court in case of a violation of a Fundamental Right is in itself a Fundamental Right since it is contained in Part III of the Constitution.

Under Article 226, a writ petition can be filed before any High Court within whose jurisdiction the cause of action arises, either wholly or in part. It is immaterial if the authority against whom the writ petition is filed is within the territory or not. The power of the High Court to issue a writ is much wider than that of the Supreme Court.

The High Court may grant a writ for the enforcement of fundamental rights or for any other purpose such as violation of any statutory duties by a statutory authority. Thus, a writ petition filed before a Supreme Court can be filed against a private person too. Where a fundamental right has been infringed, either the Supreme Court or the High Court can be resorted to.

Special leave petition before the supreme court of India challenging the high court’s order on the anticipatory bail application

This is the precedent of a Special Leave Petition before the Supreme Court of India challenging the High Court’s order on the anticipatory bail application. ABA is rejected by the Sessions Court and High Court. The Supreme Court is the highest court to challenge the High Court’s refusal and seek Anticipatory Bail.

In the case where the anticipatory bail application is dismissed by the court, the aggrieved person can challenge that order in the Higher Court. In case of dismissal of the anticipatory bail application by the Sessions Court, the order can be challenged in the High Court.

Transfer petition before the Supreme Court of India for transfer of criminal complaint (Criminal)

This is the precedent of Transfer Petitioner (Criminal) before the Supreme Court of India for transfer of a Criminal Case/Complaint from the Court of one State to the Court of another State under the provision of Section 406 of the Criminal Procedure Code, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013.

Section 408 of the Criminal Procedure Code provides the power to the Sessions Judge to transfer a case from one criminal court to another criminal court in his sessions division. Whenever it seems reasonable for the ends of the justice, the Sessions Judge can act as provided under this section.

Transfer Petitions under Article 139A(2) of the Constitution of India read with Order XLI of the Supreme Court Rules 2013. Transfer petitions under Article 139A(2) of the Constitution of India can be filed for the transfer of any case, appeal or other proceedings pending before any High Court to any other High Court.

It states that the Supreme Court can transfer the petition from a High Court or other Civil Court in one State to a High Court or other civil court in any other State.

Application before the supreme court of India for listing review petition in open court

Normally Review Petition before the Supreme Court is heard in the chamber or decided by circulation. This is the precedent of an application to the Supreme Court of India to list the review Petition in open court for the hearing.

Further, as per the Supreme Court Rules, 2013 (XLVII. 2) a review Petition must be filed within 30 days from the judgment or order of which review is sought and must be placed before the same Bench which had delivered the decision.

  1. the discovery of new and important matter or evidence.
  2.  some apparent mistake or error on the face of the record.
  3.  any other sufficient reason. In revision, the High Court can of its own accord, send for the case but for review, an application has to be made by the aggrieved party.

In India, a binding decision of the Supreme Court/High Court can be reviewed in the Review Petition. The parties aggrieved by any order of the Supreme Court on any apparent error can file a review petition.

Civil appeal before the supreme court of India

This is the Civil Appeal to be filed before the Hon’ble Supreme Court of India against the Order and Judgment of the Hon’ble National Consumer Disputes Redressal Commission. This precedent can be useful where the appeal lies directly to the Supreme Court of India.

An appeal may be filed against any judgment, decree or final order in a civil proceeding of a High court if the High Court certifies that the case involves a substantial question of law of general importance and that in the opinion of the High Court the said question needs to be decided by the Supreme Court

The appeal can only be made within 60 days from the grant of certificate of the High Court.

Writs and PILs

1. Writs are filed by institutions or individuals for benefit in their own cases, whereas, PIL is an application that is filed by any citizen for easing out any undue botheration or inconvenience faced by the public at large. Public interest litigation is not defined in any statute or any act. It has been interpreted by a judge to consider the intent of the public at large. The following are the various areas where a PIL can be filed against State/Central Govt./Municipal authorities or any private party.

2. Writs are issued by the Supreme Court of India under Article 32 and Article 139. Writs can be issued by the High Court of the States under Articles 226. On the other hand, PILs are applications/writs that are filed by any citizen for easing out inconvenience faced by the public at large and they are not defined in any Statute.

3. The process of filing writ is expensive, complicated and time-consuming. But in PIL, the process is cheap and simplified. Also in PIL, the rule of locus standi, that is, the right to appear an action appear in a court, is relaxed, which is not the case with Writs. In writs. the locus standi is followed.

4. The process of filing writ is expensive, complicated and time-consuming. But in PIL, the process is cheap and simplified. Also in PIL, the rule of locus standi, that is, the right to appear an action appear in a court, is relaxed, which is not the case with Writs. In writs. the locus standi is followed.

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