13. Presumptions of law.—Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied (e.g., consideration for a bill of exchange where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim).
Order VI Rule 13 CPC: Presumptions of law
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
Neither party need allege in a pleading any matter of fact that the law presumes in his favour, or on which the burden of proof lies on the other side, unless it has first been specifically denied. The rule gives the example of consideration for a bill of exchange where the plaintiff sues only on the bill.
Order VI: Pleadings Generally
- 1 Pleading
- 2 Pleading to state material facts and not evidence
- 3 Forms of pleading
- 4 Particulars to be given where necessary
- 5 Further and better statement, or particulars (Omitted)
- 6 Condition precedent
- 7 Departure
- 8 Denial of contract
- 9 Effect of document to be stated
- 10 Malice, knowledge, etc
- 11 Notice
- 12 Implied contract, or relation
- 13 Presumptions of law
- 14 Pleading to be signed
- 14A Address for service of notice
- 15 Verification of pleadings
- 16 Striking out pleadings
- 17 Amendment of pleadings
- 18 Failure to amend after order