9.2 Orders 6–7 — Pleadings & Plaint

9.2 Orders 6–7 — Pleadings & Plaint

Quick Answer: Order 6 sets general rules of pleading: a pleading is a plaint or written statement (O.6 R.1); state material facts, not evidence (O.6 R.2); give particulars of fraud and like allegations (O.6 R.4); treat conditions precedent as implied unless denied (O.6 R.6). Order 7 governs the plaint—its particulars (R.1), documents, return (R.10), and especially rejection under Rule 11. Memorize O.7 R.11(a)–(d) as a closed MCQ list.

Place in the CPC flywheel

After Order 1 places the right parties on the record, Orders 6 and 7 control how the plaintiff’s case is written. Bad pleadings produce:

• Rejection of plaint (O.7 R.11),
• Return for presentation elsewhere (O.7 R.10),
• Striking out of scandalous/unnecessary matter (O.6 R.16), or
• Costly amendments (O.6 R.17).

For LAW-GAT, this cluster is pure bare-act recall plus one analytical skill: read a short fact pattern and match it to a Rule 11 ground.

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Order 6 — General rules of pleading

What is a “pleading”? — O.6 R.1

Pleading means plaint or written statement. Everything Order 6 says about form, verification, signature, and material facts applies to both sides’ formal pleadings (with Order 7 specializing the plaint and Order 8 the written statement).

Material facts, not evidence — O.6 R.2 (the golden rule)

Order 6 Rule 2 requires every pleading to 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. Facts must be divided into paragraphs and numbered; dates, sums, and numbers should be expressed in figures as well as in words where appropriate under the Rule’s drafting discipline.

Material facts = facts necessary to formulate a complete cause of action or defence.

Evidence = the testimony, documents, and other proof that will establish those facts at trial.

Exam trap: a plaint that is a chronicle of evidence or pure legal argument without facts inviting relief is vulnerable—often attacked as not disclosing a cause of action when stripped to essentials.

Particulars — O.6 R.4

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, particulars (with dates and items if necessary) shall be stated in the pleading.

Why? These allegations are easy to fling and hard to answer in the dark. Particulars give the opponent fair notice and limit fishing expeditions.

Condition precedent — O.6 R.6

Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in the pleading; subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the party shall be implied in the pleading.

Exam translation: You need not plead every contractual condition was fulfilled in ritual form unless the other side will put performance in issue—then denial must be clear. This pairs later with Order 8 specific-denial rules on the defence side.

Other high-frequency Order 6 rules

For LAW-GAT depth, prioritize R.2, R.4, R.6, R.14–15, R.16–17 alongside the Order 7 rejection list.

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Order 7 — The plaint

Particulars to be contained in the plaint — O.7 R.1

The plaint shall contain the following particulars (classic structure):

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 person of unsound mind, a statement to that effect.
5. The facts constituting the cause of action and when it arose.
6. The facts showing that the court has jurisdiction.
7. The relief which the plaintiff claims.
8. Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished.
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.

Why each limb matters

• Cause of action + when it arose → limitation and disclosure of a complete right to sue.
• Jurisdiction facts → territorial/pecuniary competence (links to ss.15–20 CPC place-of-suing doctrine from the sections chapter).
• Relief → court cannot ordinarily grant what is not claimed (subject to general powers and proper amendments).
• Valuation → court-fee and pecuniary jurisdiction; undervaluation feeds O.7 R.11(b).

Documents and lists — production culture under Order 7

Order 7 also addresses documents relied on by the plaintiff (including the practice of listing documents and producing those in the plaintiff’s possession or power). Exam stems often pair “plaint without disclosing foundation documents” with later evidential difficulty—but rejection under R.11 is still about the legal defects listed in R.11, not every documentary omission. Do not invent a “reject for missing annexure X” ground unless it collapses into non-disclosure of cause of action or a statutory bar appearing on the face of the plaint.

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Return of plaint — Order 7 Rule 10

Order 7 Rule 10 empowers the court to return a plaint to be presented to the court in which the suit should have been instituted, when the court finds it has no jurisdiction (subject to the Rule’s procedure, including endorsement of date of presentation and return, name of party presenting, and reasons for return).

Return vs rejection (must not confuse)

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Rejection of plaint — Order 7 Rule 11 (highest-yield list)

Order 7 Rule 11 provides that the plaint shall be rejected in the following cases (classic four-ground formulation applied in Pakistani CPC practice and standard MCQ materials):

Analytical rules for MCQs

1. R.11 is plaint-centric. For (a) and (d), the court looks at the plaint (and documents forming part of it), not a mini-trial of disputed evidence.
2. (b) and (c) have a cure window. Rejection follows failure after court requirement and time fixed—not instantaneous rejection at first glance of undervaluation/under-stamping in well-administered practice.
3. “Barred by any law” means the bar must appear from the plaint’s statement. If limitation depends on disputed starting points requiring evidence, R.11(d) may not be the right tool; if the plaint itself dates the cause of action beyond limitation without saving facts, R.11(d) fits.
4. Rejection under R.11 is not the same as dismissal after full trial on merits for failure of proof.

Additional practice notes (do not invent extra statutory letters unless the stem supplies them)

Some jurisdictions expanded Rule 11 with further clauses (e.g., duplicate filing requirements in other countries’ amended Codes). For Pakistan LAW-GAT, drill the classic (a)–(d) list first. If a stem quotes an additional local clause, apply the text of the stem; do not volunteer foreign amendments as if they were always part of the 1908 Pakistani text.

Procedure after rejection

Where a plaint is rejected, the Code provides for orders and the possibility of presenting a fresh plaint in appropriate cases (subject to limitation and the nature of rejection). Appeals from orders rejecting plaints are a related procedure topic often linked to appealable orders—know that rejection is a serious interlocutory/terminal order regarding the plaint, not a casual office objection.

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Plaint drafting checklist for exam hypos

Use this when a stem asks “what is missing?” or “which objection succeeds?”:

1. Parties correctly named and described (link Order 1).
2. Material facts of cause of action in chronological, concise form (O.6 R.2).
3. Particulars of fraud/misrepresentation if alleged (O.6 R.4).
4. When cause of action arose.
5. Jurisdiction facts (territorial and valuation).
6. Relief clearly prayed.
7. Court-fee / stamp correct, or readiness to make up deficiency when ordered.
8. No ex facie legal bar left unexplained on the face of the plaint.
9. Signature and verification (O.6 R.14–15).

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Worked Rule 11 scenarios

Scenario 1 — No cause of action (a): Plaint narrates that D is rich and P is poor and prays that D be ordered to pay P Rs. 1,000,000 “on grounds of equity,” without any legal relationship, tort, contract, or statute creating liability. Even taken as true, no cause of action—O.7 R.11(a).

Scenario 2 — Undervaluation (b): Suit for recovery of property valued by plaintiff far below market for fee/jurisdiction games. Court orders correction within 15 days; plaintiff defaults. O.7 R.11(b).

Scenario 3 — Insufficient stamp (c): Ad valorem court-fee shortfall identified; court fixes time to supply stamp-paper; plaintiff fails. O.7 R.11(c).

Scenario 4 — Barred by law (d): Plaint states the loan fell due on 1 January 2010, suit filed in 2024, and pleads no acknowledgement, disability, or other saving—on the plaint’s own dates the claim is time-barred. O.7 R.11(d).

Scenario 5 — Return, not reject: Plaint discloses a solid contractual cause of action and correct fee, but the defendant resides and the cause of action arose wholly outside the court’s territorial limits under the place-of-suing rules. Remedy is typically return under O.7 R.10, not rejection under R.11 for want of cause of action.

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Link-forward to Orders 8–9

Once the plaint survives Order 7, the defendant answers under Order 8 (written statement, set-off, specific denial). Non-appearance and default consequences shift to Order 9. Pleadings defects that are not Rule 11 material may still be cured by amendment (O.6 R.17) or pruned by striking out (O.6 R.16)—different tools, different stages.

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One-line revision card

O.6 R.2 = material facts, not evidence · O.6 R.4 = particulars of fraud etc. · O.6 R.6 = conditions precedent · O.7 R.1 = plaint contents · O.7 R.10 = return · O.7 R.11(a)–(d) = no COA / undervalue uncured / stamp uncured / barred by law on plaint face.