Order XXIX - Pleadings Generally : Supreme Court Rules 2013

 

What is Pleadings Generally? Order XXIX of Supreme Court Rules 2013

 

Order XXIX of Supreme Court Rules 2013 : "Pleadings Generally"

1. In this Order 'pleading' means plaint or written statement.

2. Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies, but not the evidence by which those facts are to be proved, nor any argumentative manner, and shall be divided into paragraphs numbered consecutively.

 

 

3. Dates, sums and numbers shall be expressed in figures.

4. A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading may in all cases be ordered upon such terms as to costs and otherwise, as may he just.

5. Wherever the contents of any document are material, it shall be sufficient to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any pan thereof are material.

6. Every pleading shall be signed by an advocate-on-record on behalf of the Attorney-General for India or by an advocate-on-record on behalf of the Advocate- General for the State, as the case may be.

7. The Court may at any stage of the proceeding order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice or embarrass or delay the trial of the suit or which contravenes any of the provisions of this Order.

8.The Court may at any stage of the proceedings allow either party to amend his pleading in such manner and on such terms as may be just but only such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties.

9. If a party who has obtained an order for leave to amend docs not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time or of such fourteen days, as the case may be unless the lime is extended by the Court.

10. Amendments of pleadings made only for the purpose of rectifying a clerical error may' be made on an order of the Registrar "'without notice but unless otherwise ordered a copy of the order shall be served on all other parties.