Code of Civil Procedure, 1908 | Order VI

Order VI Rule 4 CPC - Particulars to Be Given Where Necessary

Order VI Rule 4 of the Code of Civil Procedure, 1908 requires a party to give specific particulars when alleging fraud, misrepresentation, breach of trust, wilful default or undue influence. The purpose is to identify the case the opposing party must answer, rather than leaving serious allegations vague.

Text of Order VI Rule 4 CPC

Particulars to be given where necessary

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 beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.

The provision is part of the Code of Civil Procedure, 1908 (India Code). The wording and application should be read together with applicable amendments and court rules.

Meaning and scope of Rule 4

A pleading is a plaint or written statement under Order VI Rule 1. Rule 4 imposes a requirement of specificity for certain allegations beyond the general obligation under Order VI Rule 2 to plead material facts, not evidence.

Fraud

Fraud ordinarily involves deliberate deception intended to induce another person to act to their detriment. A pleading alleging fraud should identify the representation or conduct, the person involved, the approximate time and circumstances, and why the conduct is alleged to be fraudulent. A bare assertion that a document was obtained by fraud is generally insufficient.

Misrepresentation

Misrepresentation concerns a false or misleading statement of fact that induces another person to act. The pleading should identify what was stated, by whom, when, to whom and how it affected the transaction. The legal consequences depend on the applicable substantive law, including the Indian Contract Act, 1872 where relevant.

Breach of trust

A party alleging breach of trust should explain the trust or fiduciary obligation relied upon, the property or duty concerned, the acts said to constitute the breach, and relevant dates or transactions. Civil breach of trust must be distinguished from any separate criminal allegation.

Wilful default

Wilful default generally refers to a deliberate failure to perform an obligation, rather than a merely accidental omission. The pleading should identify the obligation, the alleged default and facts supporting its deliberate character.

Undue influence

Where undue influence is alleged, the pleading should describe the relationship between the parties, the position of influence, the circumstances of the transaction and the acts said to have improperly influenced consent. Section 16 of the Indian Contract Act, 1872 may be relevant to contractual disputes.

What particulars should a pleading contain?

Persons: who made the statement, exercised influence or committed the alleged act.
Conduct: the particular representation, omission, transaction or breach relied upon.
Dates and places: when and where the material events occurred, as far as reasonably ascertainable.
Documents or items: the relevant instruments, amounts, property or transactions where necessary to identify the claim.
Consequences: how the alleged conduct affected the party's rights or supports the relief or defence claimed.

The level of detail required depends on the nature of the dispute. Rule 4 does not require a pleading to reproduce every piece of evidence.

Illustrative pleading example

Vague allegation: "The defendant fraudulently obtained my signature."

More particularised allegation: "On 15 March 2025, at the plaintiff's office, the defendant represented that the document was a receipt for repayment of Rs. 50,000. The plaintiff alleges that the document presented for signature was instead a release of claims and states that the defendant concealed its true nature."

This example is fictional and illustrates the degree of factual specificity, not a prescribed pleading form.

Order VI Rule 2: material facts rather than evidence must be pleaded.
Order VI Rule 3: use of prescribed or substantially similar pleading forms.
Order VI Rule 3A: prescribed forms for commercial disputes, where applicable.
Order VI Rule 17: amendment of pleadings, subject to its conditions, including the proviso governing amendments after commencement of trial.
Order VII Rule 11: rejection of a plaint in the circumstances specified by that rule; insufficient particulars do not automatically attract rejection in every case.

Practical importance

Proper particulars help the court identify the real dispute and allow the opposite party to respond meaningfully. Courts assess the pleading as a whole and distinguish insufficiently pleaded allegations from issues that must ultimately be proved through evidence. A party should also consider the rules on verification and any additional requirements applicable to commercial disputes.

Frequently asked questions

Is merely alleging fraud enough under Order VI Rule 4?

Generally no. The pleading should state the material particulars of the alleged fraud, including relevant conduct, persons and dates where necessary.

Does Rule 4 require all supporting evidence in the plaint?

No. Order VI Rule 2 distinguishes material facts from evidence. Rule 4 requires sufficiently specific particulars of the allegations to which it applies.

Does Order VI Rule 4 apply to a written statement?

Yes. It applies to a party pleading and can be relevant to allegations raised in either a plaint or a written statement.

Can missing particulars be corrected?

Depending on the circumstances, a party may seek amendment under Order VI Rule 17, subject to the court's discretion and the applicable statutory requirements.

Legal note: This article is general information about the central CPC framework. State amendments, High Court rules and case-specific directions may affect procedure. Consult the current official legislation and applicable court rules before filing.