All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

The correct option is C: Pleadings must list all principles of law applicable to the facts.

This is because, according to the fundamental rules of pleadings, as given in Order 6 Rule 2 of the Code of Civil Procedure, 1908, pleadings must state facts and not law. The parties are required to state only the material facts on which they rely for their claims or defenses, and not the legal arguments or conclusions based on those facts. The court is competent to apply the relevant principles of law to the facts stated by the parties and to decide the case accordingly. Therefore, it is not necessary for the pleadings to list all the principles of law applicable to the facts.

The other statements do describe some of the fundamental rules regarding pleadings. They are:

- A: Pleadings must state all material facts. This is true, as material facts are those facts that are essential for the determination of the rights and liabilities of the parties, and that form the basis of their claims or defenses. Material facts are different from immaterial or irrelevant facts, which have no bearing on the outcome of the case. Pleadings must state all material facts and omit immaterial or irrelevant facts.
- B: Pleadings need not follow, word-for-word in all cases, the forms set out in appendix A to the Code of Civil Procedure, 1908. This is also true, as Order 6 Rule 15 of the Code states that pleadings shall be in such forms as are prescribed in Appendix A or to the same effect as nearly as may be. This means that the forms given in Appendix A are only illustrative and not mandatory, and that the parties can deviate from them as long as they comply with the substance and spirit of the rules of pleadings.
- D: Pleadings need not state the facts by means of which the material facts are to be proved. This is also correct, as pleadings need not state the evidence or particulars by which the material facts are to be established or substantiated. Evidence is different from fact, as evidence is anything that proves or disproves a fact. Evidence is adduced at a later stage of the trial, after the issues have been framed on the basis of pleadings. Therefore, pleadings need not state the evidence or particulars.
- E: Pleadings need include to material facts that the law presumes in the party's favor only if the same has been specifically denied. This is also accurate, as pleadings need not include those material facts that are presumed by law in favor of a party, unless they have been expressly denied by the opposite party. For example, a deed executed by a person is presumed to be valid and genuine unless it is challenged by someone. Therefore, a party relying on such a deed need not prove its validity or genuineness in his pleadings unless it is denied by the other party.