Order VI Rules 13, 14, 14A, 15, 15A, 16, 17 and 18 CPC

Order VI Rule 13 CPC Presumptions of law

A party need not plead a matter of fact which the law presumes in that party's favour, or a matter in respect of which the burden of proof lies on the opposite side, unless that matter has first been specifically denied.

The Rule illustrates the principle by reference to consideration for a bill of exchange where the plaintiff sues only on the bill and not upon consideration as an independent ground of claim.

Order VI Rule 14 CPC Pleading to be signed

Every pleading must be signed by the party and by the party's pleader, if any.

Where the party is unable to sign because of absence or other good cause, the pleading may be signed by a person duly authorised to sign it or to sue or defend on that party's behalf.

Order VI Rule 14A CPC Address for service of notice

Every pleading filed by a party must be accompanied by a statement in the prescribed form, signed in accordance with Rule 14, specifying the party's address.

The address may be changed by filing the prescribed form stating the new address together with a verified petition. Until properly changed, the address furnished is treated as the party's registered address for service of processes in the suit, appeals arising from it, and execution proceedings, and ordinarily remains effective for two years after final determination of the matter.

Process may be served at the registered address as though the party resided there. If the registered address is found to be incomplete, false or fictitious, the Court may, depending on which party furnished it, stay the suit or strike out the defence. After furnishing the true address, the affected party may apply to have that order set aside, subject to the conditions stated in the Rule.

Rule 14A does not prevent the Court from directing service at another address where it considers that appropriate.

Order VI Rule 15 CPC Verification of pleadings

Unless another law provides otherwise, every pleading must be verified at its foot by the party, by one of the parties pleading, or by another person shown to the Court's satisfaction to be acquainted with the facts of the case.

The person verifying must identify, by reference to the numbered paragraphs, which statements are verified from personal knowledge and which are verified on information received and believed to be true.

The verification must be signed and must state the date on which and the place at which it was signed.

In addition, the person verifying the pleading must furnish an affidavit in support of the pleadings.

Order VI Rule 15A CPC Verification of pleadings in a commercial dispute

In a commercial dispute, every pleading must be verified by an affidavit in the manner and form prescribed in the Appendix to the relevant Schedule, commonly referred to as the Statement of Truth.

The affidavit may be signed by the party, one of the parties, or another duly authorised person shown to the Court's satisfaction to be acquainted with the facts of the case.

Where a pleading is amended, the amendments must also be verified in the prescribed manner unless the Court directs otherwise.

A pleading that is not verified in the manner required by Rule 15A cannot ordinarily be relied upon as evidence of the matters stated in it, and the Court may strike out a pleading that is not verified by the prescribed Statement of Truth.

Order VI Rule 16 CPC Striking out pleadings

At any stage of the proceedings, the Court may order any matter in a pleading to be struck out or amended where it is unnecessary, scandalous, frivolous or vexatious; where it may prejudice, embarrass or delay the fair trial of the suit; or where it otherwise amounts to an abuse of the process of the Court.

Order VI Rule 17 CPC Amendment of pleadings

The Court may at any stage of the proceedings allow either party to alter or amend the pleadings in such manner and on such terms as may be just. Amendments necessary for determining the real questions in controversy between the parties may be allowed.

Proviso after commencement of trial: Once the trial has commenced, an application for amendment is not to be allowed unless the Court concludes that, despite due diligence, the party could not have raised the matter before the commencement of trial.

Order VI Rule 18 CPC Failure to amend after order

Where a party obtains leave to amend but fails to carry out the amendment within the time fixed by the Court, or, where no time is fixed, within fourteen days from the date of the order, the party cannot amend after expiry of that period unless the Court extends the time.