False Cases can reduce by 50% if Courts in India strictly follow 'Laws of Pleading'

Law of Pleading are rules about how cases and their replies are required to be written.

In India, Judges are neglecting to enforce 'Laws of Pleadings'. Hence large number of false cases are filed and tons of time of court is wasted.

What does Laws of Pleading States :

1) In every case, you have to write only relevant facts, and need to present them in numbered or bulleted points.

( You cannot write about your evidences. You cannot write legal arguments in case. You cannot write Citations or judgements which you may be relying.)

2) Replies of case must be also as per above... point to point.

What Courts can do if above Rules are not followed by parties and if long long false stories are written and filed in court?


The Court can order that those paragraphs be deleted from case. It can also impose costs on party who has filed such Long -False - Story type pleadings.

But when Court can pass such orders?

One of the party to case MUST make an application to court requesting court to delete false-story-like-paragraphs from case filed by other side and should ask for costs.

Then court will hear arguments of both sides on this application and will then pass a just order as per Law of Pleading.

A trial court may be reluctant to receive and decide such applications for various reasons. One reason may be, disposal of such application do not count for their promotions. 

If the Court refuses to order deletion of stories from case, a revision or writ petition against that order lies to High Court. (Civil Procedure Code has specific provision for this type of application. In Criminal Law judges have inherent powers.

Only minimum facts should be allowed to be pleaded. This will save time of court. It will prevent parties from hurling baseless allegations against each one. It will prevent acrimony and scars on reputations of parties.

Model Forms should be approved and circulated by High Courts. 

Haresh Raichura
20/07/2014