1. Introduction
The concept of a condition precedent is integral to civil procedure and substantive law alike. In the context of the Civil Procedure Code (CPC), it refers to an act or event that must occur, or a requirement that must be fulfilled, before a party can maintain a suit, enforce a right, or claim a particular relief in court. The principle ensures that suits are instituted only after compliance with statutory or contractual obligations that form the legal foundation of the claim.
2. Meaning of Condition Precedent
A condition precedent is a prerequisite fact or act that must exist or be performed before a right accrues or before legal proceedings can be properly initiated. Failure to satisfy such a condition may render a suit premature or non-maintainable.
The Supreme Court in State of Bihar v. D.N. Ganguly (AIR 1958 SC 1018) observed that when a statute prescribes the fulfilment of certain conditions before the exercise of a right or jurisdiction, compliance with those conditions is mandatory, and their absence invalidates the proceedings.
3. Condition Precedent in Pleadings – Order VI, Rule 6 CPC
The expression “condition precedent” finds explicit mention in Order VI, Rule 6 CPC, which provides:
“Any condition precedent necessary for the case of a party shall be distinctly specified in the pleading. If such condition precedent has been performed or has happened, it shall be alleged specifically.”
This rule requires that when the existence or performance of a condition precedent is necessary to sustain a claim or defence, the party must explicitly plead that such condition has been fulfilled. The omission to plead or prove compliance may defeat the action.
4. Examples of Condition Precedent
- In a suit for breach of contract, performance or tender of performance by the plaintiff is a condition precedent under Section 16(c) of the Specific Relief Act.
- In a landlord–tenant dispute, issuance of a statutory notice under Section 106 of the Transfer of Property Act is a condition precedent before filing an eviction suit.
- Service of notice under Section 80 CPC is a condition precedent before instituting a suit against the Government or a public officer.
- In insurance claims, timely notice or filing of claim forms as required by the policy constitutes a contractual condition precedent.
In each instance, non-fulfilment of the condition prevents the right of action from arising or the court from assuming jurisdiction.
5. Purpose and Rationale
The requirement of a condition precedent serves several procedural and substantive purposes:
- Ensures procedural discipline: It prevents premature or frivolous litigation by requiring parties to comply with legal formalities first.
- Protects opposing parties: Gives notice or opportunity to settle before litigation begins.
- Promotes judicial economy: Courts are engaged only after essential statutory or contractual steps have been taken.
- Upholds legislative intent: Where statutes impose mandatory preconditions, courts ensure that those are not bypassed.
6. Judicial Interpretation
Indian courts have consistently emphasized the mandatory nature of conditions precedent:
- In Ghanshyam Dass v. Dominion of India (AIR 1984 SC 1004), the Supreme Court reaffirmed that service of notice under Section 80 CPC is mandatory, but substantial compliance may be accepted if the purpose of notice is fulfilled.
- In S.N. Dhingra v. Union of India (AIR 2001 Del 78), it was held that failure to plead performance of a condition precedent is a material defect in the plaint under Order VI, Rule 6.
- In Jagdish Singh v. Natthu Singh (AIR 1992 SC 1604), the Court clarified that where compliance is mandatory, absence of pleading or proof renders the action premature.
7. Pleading and Proof of Condition Precedent
A party relying on a condition precedent must both plead and prove its performance or occurrence. The pleading must clearly state:
- That the condition exists and applies to the case.
- That the party has performed or complied with it, or that it has occurred by operation of law.
Failure to specifically allege compliance may lead to rejection of the plaint under Order VII, Rule 11 or dismissal of the claim at trial.
8. Waiver and Substantial Compliance
In certain cases, courts recognize the doctrine of substantial compliance or waiver of condition precedent. If the essential purpose of the condition (such as notice or opportunity to remedy) has been satisfied, minor procedural defects may not invalidate the action.
For example, where the Government replies to a defective notice under Section 80 CPC without objection, it is deemed to have waived the requirement. However, express statutory mandates are interpreted strictly, and waiver cannot be presumed.
9. Importance of Condition Precedent in Civil Procedure
Condition precedents uphold the principle that rights must arise only after compliance with lawful obligations. They protect defendants from surprise actions, ensure readiness of claims, and reinforce procedural integrity. By requiring compliance with essential preconditions, courts maintain fairness and legislative balance between claimants and respondents.
10. Conclusion
The doctrine of condition precedent under the CPC and related statutes ensures that no civil action proceeds without fulfilling mandatory preconditions. Order VI, Rule 6 requires such compliance to be specifically pleaded and proved. Adherence to this principle safeguards fairness, respects statutory mandates, and promotes judicial efficiency by filtering premature or procedurally defective suits. Thus, condition precedent acts as both a procedural safeguard and a substantive necessity in the pursuit of civil justice.