Gujarat High Court Civil Manual (subordinate court practice), 1960
Rules as to pleadings are set out in Order VI. Attention is invited to rules 2, 6, 9, 10 11, 12 and 13 of Order VI. The Courts should take particular care to see that they are strictly complied with. The provisions have been summarised as follows in Mulla's Commentary on the Civil Procedure Code :— (1) The whole case must be stated in the pleadings. That is to say all material facts must be stated. (Order VI, rule 2). (2) No matter of law is to be stated. (3) Only material facts are to be stated. The evidence by which they are to be proved is not to be stated. (Order VI, rules 2, 10, 11, 12). (4) Immaterial and unnecessary facts are not to be stated. (5) The facts are to be stated concisely. (6) It is not necessary to allege the performance of any condition precedent; an averment of performance is now implied in every pleading. (Order VI, rule 6). (7) It is not necessary to set out the whole or any part of a document, unless the precise words thereof are necessary. It is sufficient to state the effect of the document as briefly as possible (Order VI, rule 9). (8) It is not necessary to allege a matter of fact which the law presumes, or as to which the burden of proof lies on the other side. (Order VI, rule 13).