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Understanding the Necessity of Providing Particulars under the Code of Civil Procedure, 1908
Legal proceedings can be a labyrinth of complex terminologies, procedures, rules, and laws. It is deeply essential to understand these, particularly when faced with a civil lawsuit. A crucial aspect of the Code of Civil Procedure, 1908 (CPC), is the provision for providing particulars in a civil case. In this article, our legal experts at SimranLaw will unravel the intricacies of this subject, dissect complex legal issues, and provide readers with insights drawn from years of experience in handling civil litigation.
The Principle of Providing Particulars
Providing particulars under the CPC is fundamentally a procedural necessity that aims to
- Facilitate clear and comprehensive communication between parties,
- Minimise potential disputes over ambiguous claims, and
- Promote efficient court proceedings by setting forth all the details necessary for the assertion or defense of a claim.
Understanding Order VI Rules 4 to 10 of the CPC
Order VI of the CPC governs pleadings in a legal suit. Specifically, Rules 4 to 10 underline the need for particulars.
- Rule 4: Compels plaintiffs/defendants to provide essential facts that support the allegations of their case. This rule ensures that nothing is left to assumptions or guesswork.
- Jagdish Singh vs. Natthu Singh (AIR 1992 SC 1604): The Supreme Court ruled that pleadings that lack necessary particulars could be struck out as they substantially stall the progress of the lawsuit.
- Rule 5: Dictates that pleadings must state material facts and not evidence. They should be precise and to-the-point.
- T. Arivandandam vs. T.V. Satyapal (AIR 1977 SC 2421): Emphasized the importance of stating only the material facts in pleadings. The court held that a party is not required to narrate the whole evidence in the pleading.
- Rule 6: Supports this further mandating that facts must be stated coherently, logically, and in a manner conducive to understanding.
- Rule 7 to 10: Contains provisions regarding the verification of pleadings, ensuring that particulars furnished are accurate and trustworthy.
Consequences of Not Providing Particulars
Failing to provide necessary particulars as per the CPC can lead to significant consequences, including:
- Striking Out of Pleadings: As an extreme measure, the court may choose to strike out pleadings that do not comply with rule 4 of Order VI, as in the case of Jagdish Singh vs. Natthu Singh.
- Adjudgements Based on Incomplete Facts: A judgment made on incomplete facts may not be in favor of the party that failed to provide necessary particulars. This was demonstrated in the case of T.P.Kutumbarao vs. B.S.Nijalingappa (AIR 1997 SC 2071), where it was held that parties who do not lead evidence on necessary issues risk judgments against them.
- Costs: The court may impose costs on a party for inconveniences caused by not providing particulars, essentially penalizing them for such negligence.
Understanding the need to provide particulars in the Code of Civil Procedure, 1908 is key to ensuring an efficient and fair trial. Here at SimranLaw, we believe in the power of knowledge and always strive to provide individuals with the resources they need to comprehend these complex legal matters.