Section 12 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
12. Rules of pleading noticed.
- The provisions of the Code with regard to the pleadings (which term eludes the plaint and written statement of parties) should be carefully studied. The principal rules, pleadings may be briefly stated as follows:-(a)The whole case must be stated in the pleadings that is to say, all material facts must be stated (Order VI, rule 2)(b)Only material facts are to be stated. The evidence by which they are to be proved is not to be stated (Order VI, rules 2, 10, 11 & 12).(c)The facts are to the stated concisely.(d)Every pleading is to the signed by the party and also by his pleader, if any (Order VI, rule 14).(e)Save as otherwise provided for by law for the time being in force, every pleading is to be verified at the foot by the party or, by one of the parties pleading. (Order VI, rule 15)(f)The person verifying the pleading is bound to state by reference to the numbered paragraphs of the pleading what he verified of his own knowledge, and what he verified upon information received and believed to be true [Order VI, rule 15(2)].(g)It is obligatory that the verification should be signed by the person making it, stating the dates on which and the place at which it was signed [Order VI, rule 15(3)];(h)It is not necessary to allege, the performance of any condition, precedent, an averment of performances implied in every pleading (Order IV, rule 6);(i)It is not necessary to set out the whole or any part of a document unless the precise words thereof are necessary. It is sufficient to state the effect of the document as briefly as (possible (Order VI, rule 9);(j)It is not necessary to allege a matter of fact which the law presumes or as to which the burden of proof lies on the other side (Order VI, rule 13);(k)When mis-representation, fraud, undue influence etc., are pleaded necessary particulars must always be given (Order IV, rule 4);(l)When a suit is prima facie time barred the ground on which exemption is claimed must be stated (Order VII, rule 6);If the Plaint is prolix or indefinite or omits to give the necessary particulars or to specify the relief claimed precisely or is defective in any other respect, it should be returned to the party or his counsel for such amendments as may be necessary in the actual presence of the Presiding Officer after he has signed the endorsement. The court has wide powers in this respect (See Order VI, rules 5, 16 and 17). Where amendment is directed an order should be recorded by the Court indicating the particulars about the necessary amendment and fixing a date for filing the amended plaint.
