Define the term
Pleading and state the general rules of Pleading.
The term Pleading is defined under Rule 1 of Order
VI, ‘Pleading’ means plaint or written statement. Pleading bring both the
interested parties to the dispute to definite issue and to diminish expense to
the suit. Mogha view on pleading the term pleading as statement in writing down
up and filed by each party to a case, stating his contention at the need to
know in order to prepare his case in answer.
A plaintiff’s pleading means his plaint, a statement
of claim by the plaintiff through presentation, and a defendant’s pleading
means his written statement, a defense in which he deals with the material fact
alleged by the plaintiff in the plaint and also states any facts which are in
his favor by adding some important legal objection in his facts as he wishes to
take to the claim, and where the defendant in his written statement pleads a
set-off, and the plaintiff file his written statement thereto. But in some
cases the defendant after failing his written statement may file an additional
written statement with the leave of the Court.
 |
| Pleading |
Kind
of Pleading
There are two types of Pleading Civil and Criminal
Pleading. The pleading which contain only facts but not evidence or law. In
Civil cases pleading simply mean plaint or written statement. But in Criminal
cases pleading simply means complaint, facts as to commission of offence which
shall be punishable under the law time being in force.
Rules
of Pleading:-In India the Rule of Pleading have be
incorporated in Order VI, VII and VIII of the Code of Civil Procedure.
Under
Rule 2 of Order VI of the Code Civil Procedure, every pleading should be
embodied by the followings principles:-
1. All
material facts should be stated;
2. An
evidence should not be stated but only material facts;
3. The
law should not be stated but only material facts should be stated;
4. In
a concise form material facts should be stated;
Material
facts:-Under Order XIV Rule 1 the followings are the material facts they are as
follows:-
1. In
order to show plaintiff right to sue every material facts should be alleged.
2. In
order to defense the defendant must alleged material fact.
3. The
parties, plaintiff or the defendant put either case on alternative ground that
the facts are virtual to any such alternative ground.
4. It
is important to the plaintiff to required proofing his case in trial but it is
not necessary that every fact show right to suit.
5. It
is important to the defendant to proof defense for his case in trial either
wholly or partly.
Object:-The
main object of the pleading is that to bring the parties to definite issue and
to diminish expense and delay and to prevent the surprise at the hearing. The
defendant should have right to know the case of his opponent so that they can
meet and talk.
Amendment
of Pleading [Rule 17 and 18]
Rule 17 empower the Court to allow at any time of
the proceeding of the Court to either party to the suit to amend the pleading
at any stage of the proceeding. All these amendment shall be made if it is
necessary for the purpose of determining the question in controversy between the
parties. The rule confers a Court in discretion in matter of amendment of
pleading.
Before
amendment of pleading the Court should satisfies the following condition.
1. Firstly
if it is necessary for the determination of real question in controversy.
2. Secondly
amendment should be allowed if there is no injustice to the other side.
Failure
to amend the Pleading Rule 18
If the party has obtain the order for leave to amend
the pleading but does not amend accordingly within the given period or if there
is specified time for amendment of pleading within 14 days from the date of the
said order, he shall not be allowed to amend after the date is expire or after
14 days unless and until the time is given by the Court. The Court has power to
extend the amendment time even after the expiry of the fix date. The Court may
allowed the amendment to be carried out by the party in spite of his default on
payment of further costs.
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