Pleading and object of Pleading

Pleadings are statements in writing of each party containing contentions of each party and detail of his case . Pleadijnd is defined in order 6 of the code of civil procedure as plaint or written statement.

Plaint

Plaint is the statement of claim in writing and filed by the plaintiff, in which he sets out his cause of action with all necessary particulars. Plaint is the first process in inferior court in the nature of an original writ, whereby a party seeks remedyfrom court for the redressal of his grievances.

Written Statement

Written statement is the statement of defence in writing and filed by the defendent, in which he deals with every material fact alleged by the plaintiff in the plaint.
Defendant can state any new facts, which he considers to be in his favour, and cn raise legal objections to the merits of the case, prescribed by various lawse.g plea of limitation , plea of estoppel, plea of res-judicata etc.

Rejoinder

Rejoinder means answer of the plaintiff, which he gives keeping in view new facts alleged by the defendant in written statement.

Additional written statement

It means further answer of the defendant ( if court permits) which he gives in light of rejoinder.

Object of Pleading

The object of pleading is to bring the parties to an issue and purpose of the rules relating to pleading is to prevent the issue beig enlarged. Further that the parties themselves know what are the matters in dispute and what facts they have to prove at the trial.

Pleading Should Contain

Every pleading shall contain and contain only, a statement in a concise form of the material facts, n which the party pleading ( plaintiff or defendant) relies for his claim or defence, as the case may be.
IT shall not contain, the evidence by which they are to be proved, and it shall, when necessary, be divided into paragraphs, numbered consecutively.
Dates, sums and numbers shall be expressed in figures.

General rules of Pleading

In civil procedure code order 6 deals with pleadings in general, order 7 deals with plaint, and order 8 deals with the written statement. The following is the summary of the rules comprised in orders 6,7, and 8 of civil procedure code:

  • In pleading state your whole case, in other words set forth in pleading all material facts on which you rely for your claim or defence , as the case may be.
  • In pleading state facts and not the law, if any matter of law is set out inj your opponent’s pleading, do not plead to it.
  • In pleading state only the relevents facts on which you rely, and not the evidence by which tose facts are to be proved.
  • In pleading state material facts onlyand ommit immaterial and unnecessary facts, and do not plead to any matter which is not against you.
  • In pleading, state the facts of the case concisely, but with precision.
  • It is not necessary to setout the whole or any part of the document, unless the precise words thereof necessary, it is sufficient to state the effects of document as briefly as possible.
  • It is not necessary to allege any matter of fact which the law presumes in your favour or as to which the burden of proof lies upo your opponent party.
  • The party should not plead conclusion of law in pleading.
  • Legal pleas such as estoppel, limitation and resjudicata or res subjudice etc, may be pleaded in written statement.
  • In cases where the party pleading relies on any mis representation, fraud, breach of trust,wilful default, or undue influence , particulars shall be stated in the pleading.

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Papoo Parmar

I am so simple and Like to do any special in my life in short way.

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