Read Order: Ramesh Aggarwal v. Murli Manohar and Others

Monika Rahar

Chandigarh, June 13, 2022:  The Punjab & Haryana High Court has held that Order 6 Rule 2 CPC provides that in the pleadings, the basic facts in a concise form are required to be asserted and there is no requirement to incorporate the facts in respect of which evidence is sought to be led to prove those asserted facts. 

“Pleadings shall be in a concise form, they should state facts, not law and evidence”, the Bench of Justice Anil Kshetarpal asserted.  

The present petitioner was the plaintiff in a suit for the grant of mandatory injunction. Before the High Court, he assailed the correctness of the interlocutory order of September 2018, through which two applications filed by him seeking permission to amend the plaint as well as reply to the counterclaim was dismissed.

The plaintiff averred in the plaint that the property was self-acquired and was purchased by him with his own funds in his own name. It was also averred that the defendants had nothing to do with the ownership of the property. The issues were framed in November 2016 and thereafter the plaintiff was given as many as five opportunities to lead evidence. 

At that stage, he filed two applications seeking permission to amend the plaint, as well as reply to the counterclaim. 

From the reading of the impugned order, the Court observed that the plaintiff by way of an amendment wanted to assert that he purchased the property in the name of firm M/s Ramesh Kumar Ashok Kumar through Ramesh Kumar and that the property was self-acquired. 

The Court was of the considered opinion that such facts were required to be proved by leading sufficient evidence. Also, the Bench observed that the plaintiff already claimed in the plaint that he was the owner of the property having purchased it by spending funds from his pocket. 

Thus, against this background, the Court expounded that Order 6 Rule 2 CPC provides that in the pleadings, the basic facts, also in a concise form are required to be asserted and there is no requirement to incorporate the facts which are sought to be led as evidence to prove those asserted facts. 

“Pleadings shall be in a concise form, they should state facts, not law and evidence”, held the Bench while also stating that the amendment sought was neither necessary nor proper. 

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