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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order VI: Pleadings Generally

Order VI Rule 2 CPC: Pleading to state material facts and not evidence

Bare Act text

[2. Pleading to state material facts and not evidence.—(1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.

(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.

(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.]

Amendment notes

  1. Subs. by Act 104 of 1976, s. 56, for rule 2 (w.e.f. 1-2-1977).

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

Every pleading must contain, and contain only, a concise statement of the material facts on which the party relies for his claim or defence, but not the evidence by which they are to be proved. It must be divided into consecutively numbered paragraphs where necessary, each allegation as far as convenient in a separate paragraph. Dates, sums and numbers must be stated in figures and in words. The 1976 amendment substituted this rule.

Order VI: Pleadings Generally

  1. 1 Pleading
  2. 2 Pleading to state material facts and not evidence
  3. 3 Forms of pleading
  4. 4 Particulars to be given where necessary
  5. 5 Further and better statement, or particulars (Omitted)
  6. 6 Condition precedent
  7. 7 Departure
  8. 8 Denial of contract
  9. 9 Effect of document to be stated
  10. 10 Malice, knowledge, etc
  11. 11 Notice
  12. 12 Implied contract, or relation
  13. 13 Presumptions of law
  14. 14 Pleading to be signed
  15. 14A Address for service of notice
  16. 15 Verification of pleadings
  17. 16 Striking out pleadings
  18. 17 Amendment of pleadings
  19. 18 Failure to amend after order