LAW OF PLEADINGS
MEANINGS OF PLEADINGS
MEANING OF PLEAD
“To plead”
means to address the Court on behalf of either plaintiff or the defendant
MEANING OF
PLEADINGS
Pleadings means
statements replies to accusations, etc., made by the parties in legal action,
or, in other words, the written statements filed by the parties to the suit
containing either the subject matter of the plaintiff’s claim or the defense of
the defendant.
According to
CPC
The Code of
Civil Procedure defines “pleading” to mean plaint or written statement.
OBJECT OF PLEADINGS
The whole object of pleadings “is to ascertain, with precision, the points on which the
parties agree and, those on which they differ and thus to bring the parties to
a definite issue”. Pleadings enable each party to know the case of the other
party and thus to bring forward such evidence as may be necessary to prove its
case. Pleadings have to be clear, definite, and precise. If vague, the Court may
examine the party concerned and tie him down to a definite pleading.
LAW REGARDING DRAFTING OF PLEADINGS
The law on
the subject has been laid down in Orders VI, VII, and VIII of the Code of Civil
Procedure.
The law in
brief is as follows:
(1)
State
your case in your pleadings, i.e., set forth in your pleading all material
facts on which you rely for your claim or defense.
(2)
State
facts and not law. If any matter of law set out in your opponent’s pleadings do
not plead to it.
(3)
State
the material facts on which you rely and not omit immaterial and unnecessary
facts.
(4)
Do
not state the evidence by which such facts are to be proved.
(5)
Do
not anticipate your opponent’s pleading and plead to any matter which is not
alleged against you.
(6)
State
the facts of your case concisely but with precision.
(7)
Do
not argue