Define the term Pleading and state the general rules of Pleading.


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
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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