In civil cases, litigants or lawyers often conflate pleadings with counter affidavits, even though under the Code of Civil Procedure, 1908 (CPC), these two documents are legally distinct ones.
1. Pleadings under the CPC
Under Order VI, Rule 1 of the CPC, “pleading” is defined strictly as a plaint or a written statement.
Under Order VI, Rule 2 of the CPC, every pleading must contain, and contain only, a statement in a concise form of the material facts on which the party relies for their claim or defence. Crucially, it must not contain the evidence by which those facts are to be proved.
A pleading is merely signed by the party and their advocate and verified under Order VI, Rule 15 of the CPC. It is not a sworn document. You do not present evidence inside a written statement; you reserve it for the trial stage (Order XVIII).
2. Counter Affidavits
A counter affidavit is fundamentally different. It is a sworn statement under oath, attested before an authorized official like a Notary Public or an Oath Commissioner.
While regular civil suits are decided after extensive trial and oral witness cross-examinations, several proceedings—such as Interlocutory Applications (I.A.) for temporary injunctions (Order XXXIX)—are decided purely based on affidavits.
Unlike a pleading, a counter affidavit must contain both the facts and the documentary evidence supporting those facts. You must annex the records, receipts, or titles you rely on directly to the affidavit.
The Kerala Civil Rules of Practice
For lower judiciary trials before the District Level Courts, Rule 153A and related provisions of The Kerala Civil Rules of Practice strictly mandate the handling of these documents. When a respondent files a counter affidavit in an Interlocutory Application (I.A.), they are statutory-bound to serve an authenticated copy directly to the opposite party.
Additionally, Rule 154 of the Kerala Rules outlines that the proof of facts and internal documents in interim applications must be tendered via such affidavits, making them active tools of evidence, unlike structural pleadings.
Conclusion
In summary, while a written statement (pleading) outlines the boundaries of what you intend to prove when the trial begins, a counter affidavit is a summary trial within itself, where you must fight the immediate battle with sworn assertions and annexed evidence.
Further Reading
