Necessity of Particulars of Claim in Indian Judiciary

Overview

Particulars of claim are essential in legal pleadings to ensure clarity and fairness in the judicial process. The requirement for particulars is governed by the Code of Civil Procedure (CPC), specifically under Order VI, Rule 4.

Key Points

Definition and Purpose of Particulars

• Particulars refer to the detailed information that supports the material facts in a pleading. They serve to:
• Provide clarity to the opposing party regarding the case they need to meet.
• Prevent the enlargement of issues, allowing the court to resolve controversies efficiently Nikh Kamin VS Likha Saaya and Anr. - GauhatiD. Stephen Vedharaja VS V. Vaduvanathan - Madras.

Legal Requirements

• Order VI, Rule 4 of the CPC mandates that:
• In cases involving misrepresentation, fraud, breach of trust, willful default, or undue influence, particulars must be provided.
• Particulars should include dates and items where necessary, ensuring that the pleading is sufficiently detailed Laxman Naga VS Baidehi Kudei - OrissaKamlesh VS Kutumb Piyari - Punjab and Haryana.

Distinction Between Material Facts and Particulars

• Material Facts: These are the essential facts that constitute a complete cause of action. Omission of any material fact can render a pleading defective Sandeep Polymers Pvt. LTD. VS Bajaj Auto LTD. - Supreme Court.
• Particulars: These are supplementary details that enhance the understanding of the material facts. They do not fill gaps in the material facts but rather provide additional context Nikh Kamin VS Likha Saaya - GauhatiNikko Devi VS Ravi Dutt - Himachal Pradesh.

Judicial Precedents

• The Supreme Court in Samant N. Balakrishna v. George Fernandez emphasized that the election petition must contain a concise statement of material facts and the fullest possible particulars. This distinction is crucial for formulating a complete cause of action D. Stephen Vedharaja VS V. Vaduvanathan - MadrasSardar Harcharan Singh Brar VS Sukh Darshan Singh - Supreme Court.

Consequences of Non-Compliance

• Failure to provide necessary particulars can lead to:
• Dismissal of the claim for lack of cause of action.
• The court may order a further and better statement of claim to ensure compliance with the rules Sandeep Polymers Pvt. LTD. VS Bajaj Auto LTD. - Supreme CourtNikko Devi VS Ravi Dutt - Himachal Pradesh.

Conclusion

Particulars of claim are necessary in the Indian judiciary system to ensure that pleadings are clear, detailed, and fair. Compliance with Order VI, Rule 4 of the CPC is crucial for the effective presentation of a case. It is recommended that practitioners meticulously include all necessary particulars in their pleadings to avoid potential dismissal or delays in the judicial process.

Recommendations

• Ensure that all pleadings include detailed particulars where required.
• Review the specifics of Order VI, Rule 4 to understand when particulars are necessary.
• Consider judicial precedents to guide the formulation of claims and defenses effectively.

References: New India Assurance Company Ltd. , rep. by its Divisional Manager, Cuddapah VS S. Vijayalakshmi - Andhra PradeshANIL GULATI VS PROMILA GULATI - DelhiRAKESH GUPTA VS RAMESH GUPTA - DelhiSehdev Singh Verma VS J. P. S Verma - Current Civil CasesNikh Kamin VS Likha Saaya and Anr. - GauhatiSandeep Polymers Pvt. LTD. VS Bajaj Auto LTD. - Supreme CourtSanjeev Builders Private Limited VS Life Insurance Corporation of India - BombayNikh Kamin VS Likha Saaya - GauhatiT. T. V. Dhinakaran VS M. L. Ravi - MadrasNikko Devi VS Ravi Dutt - Himachal PradeshLaxman Naga VS Baidehi Kudei - OrissaKamlesh VS Kutumb Piyari - Punjab and HaryanaKanak Projects Limited VS Standard Chartered Grindlays Bank Limited - CalcuttaNikko Devi VS Ravi Dutt - Himachal Pradesh.].