1. The facts showing that the Court has jurisdiction to adjudicate the matter:
A mere statement that the Court has jurisdiction to entertain the suit would not
suffice. The plaint must show how it falls within his condition. Thus it must show, that the cause of action across at such a given place lies within
the Court’s jurisdiction, and that the valuation of the suit is such a given valuation that falls within the competence of the Court.
2. THE RELIEF CLAIMED
IF THE PLAINTIFF ALLOWS A SET-OFF OR RELINQUISHES A PORTION OF HIS CLAIM, A STATEMENT SHOWING THE AMOUNT OF SUCH SET-OFF OR RELINQUISHMENT.
SET-OFF:
This is a plea in defense that by adjustment, would wipe off or reduce the plaintiff’s claim. It is a defense and a counterclaim combined defense to the extent of the claim and the claim by the defendant for the balance. Thus in a suit for recovery of money by the plaintiff, the defendant may claim a set-off of the amount legally recoverable by him from the plaintiff. When both parties fill the same character in the suit the defendant may at the first hearing of the suit, and even afterward with the permission of the Court, present a written statement containing the particulars of the amount due to him and which he seeks to be set off.
Alternate and inconsistent pleas:
The plaintiff
can rely upon several different rights in the alternative. The defendant can
also raise as many distinct and separate references as he likes. Thus in a suit
for deceleration of proprietary right the plaintiff can in the alternative
plead for a right of pre-emption. Likewise, the defendant in a suit on a bond
may plead that he did not execute it and may also plead in the alternative that
the suit is barred by time.
Inconsistent claims or pleas can be raised if these are based on facts that are not inconsistent by themselves. Even inconsistent facts are not prohibited by law but inconsistent claims or inconsistent pleas which are based on facts so inconsistent that the evidence required to prove one fact is destructive of another fact shall only have to be discouraged except when the facts are not within the personal knowledge of the party pleading.
Material facts:
Every fact
that a party is bound to prove (unless admitted by the party or preserved by
law) in order to succeed in his claim or defense is a material fact. Facts not
necessary to establish either the claim or the defense are therefore not
material facts. The question of whether a particular fact is or is not material
depends on the special circumstances of each case. The pleader while drafting
the plaint has to take up only the material facts and discard those which are
immaterial. If, however, he cannot make up his mind whether any fact is or is
not material it would be profitable to plead it because if at a subsequent stage
of the trial it turns out that the fact was material he would stand at a loss
and shall not be allowed to prove it as a matter of right and can be permitted
to do so only after the amendment of the plaint is allowed on costs.