Order VI Rule 9 CPC - Effect of Document to Be Stated

Order VI Rule 9 of the Code of Civil Procedure, 1908 explains how a party should refer to a material document in a plaint, written statement or other pleading. Ordinarily, the pleading should briefly state the document's effect rather than reproduce its complete text.

Order VI Rule 9 CPC: Statutory Provision

Heading: Effect of document to be stated.

Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.

This provision is part of Order VI (Pleadings Generally) of the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 1908). For the consolidated legislation, consult the India Code record for the Code of Civil Procedure or the official India Code portal.

Meaning and Scope of Order VI Rule 9

The rule concerns the manner of pleading a document, not whether that document is admissible or proved. It aims to keep pleadings concise while ensuring that the opposing party can understand the material facts and the legal effect attributed to the document.

1. State the effect of a material document

Where a written agreement, notice, deed, acknowledgment or other document is central to the case, describe what the document does or establishes. Identify the document by relevant particulars, such as its date, parties and nature, and plead the material consequence on which the claim or defence relies.

2. Reproducing the full document is normally unnecessary

A party is generally not required to copy every clause into a pleading. The purpose of a plaint or written statement is to set out material facts in a concise form, rather than to serve as a complete transcription of documentary evidence.

3. Exact words matter when interpretation is disputed

The express exception applies when the precise wording of a document, or a relevant passage, is material. For example, where a disputed termination clause, limitation clause or particular representation turns on its actual language, the material words should be set out with appropriate context.

4. The rule does not replace document filing or proof

Order VI Rule 9 does not eliminate procedural requirements concerning production, disclosure, inspection, admission or proof of documents. Those questions are governed by other applicable provisions and, where relevant, the special procedure for commercial disputes.

Practical Examples of Pleading the Effect of a Document

Example 1: Loan agreement

A plaintiff claiming repayment may plead that a written agreement dated a specified day records a loan, repayment deadline and agreed interest, and that the defendant failed to pay on the due date. Ordinarily, the entire agreement need not be reproduced in the plaint.

Example 2: Lease termination notice

In a dispute about termination of a lease, the party may identify the notice, its date, service and asserted effect. If the dispute turns on a specific phrase in the termination notice or lease clause, the relevant words may need to be pleaded.

Example 3: Contractual exclusion clause

Where the enforceability or meaning of an exclusion clause is directly disputed, simply alleging that the contract limits liability may not sufficiently identify the issue. Pleading the material text of the clause may be necessary because the wording itself is in controversy.

Related CPC Provisions

• Order VI Rule 2: pleadings must contain a concise statement of material facts, not the evidence by which those facts are to be proved.
• Order VI Rule 3: use the forms in Appendix A where applicable, or forms of like character.
• Order VI Rule 4: additional particulars are required for allegations such as fraud, misrepresentation, breach of trust, wilful default or undue influence.
• Order VI Rule 8: a bare denial of a contract does not, by itself, deny its legality or sufficiency in law.
• Order VII Rule 14 and Order VIII Rule 1A: address production of documents relied upon by the plaintiff and defendant, respectively, subject to their terms and applicable exceptions.
• Commercial disputes: the Commercial Courts Act, 2015 and its applicable amendments to the CPC impose additional disclosure and pleading requirements for specified commercial disputes.

Read the CPC sections, orders and rules guide for the broader statutory framework. For commercial court procedure, see the official India Code legislation database.

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