Term
Pleading and state the general rules of Pleading.
The term petition is defined under Rule 1 of Order VI,
'petition' means a plaintiff or written statement. To debate brings both
interested parties to debate and to reduce costs for the suit. Moga pleaded in
the form of a statement to file a petition, placing his side on the order for
each party to file a case in writing and to file a case to answer in the
matter.
A plaintiff's petition means his or her plaintiff, a
statement of claim by the plaintiff through presentation, and a defendant's
petition means his or her written statement, a defense in which he or she
relates the material fact alleged by the plaintiff to the plaintiff and any
States the fact which is in his favor by adding some significant legal
objection to his facts as he wishes to claim, and where in his written
statement Di appeals a set-off, and the plaintiff records his written
statement. But in some cases the defendant may file an additional written
statement with leave of court after failing his written statement.
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| term Pleading |
Kind
of Pleading
There are two types of civil and criminal suits. A plea that
contains only facts but not evidence or law. In civil matters only solicitation
or written statement is meant. But in criminal cases only the complaint means
the fact as to the commission of the offense, which shall be punishable at the
time of enactment of the law.
Rules
of Pleading:-The law of suit in India is contained in orders VI, VII and
VIII of the Code of Civil Procedure.
Under
Rule 2 of Order VI of the Code Civil Procedure, each argument must be followed by principles:-
1. All physical facts should be told;
2. An evidence should not be merely stated as a physical
fact;
3. The law should not be stated, but only the material facts
should be stated;
4. Physical facts should be stated in brief form;
Material
facts:-UnThe following are the material facts of in compliance with Order XIV Rule 1 which are as follows:-
11. The plaintiff must allege every material fact to show the
right to prosecute.
2. The alleged material fact must be cited to protect the defendant.
3. The parties, plaintiffs or defendants either place the
case on an optional basis that the facts for any such alternative ground are
virtual.
4. In a lawsuit, it is necessary for the plaintiff to be
present, but it is not necessary that every fact is proved to be true.
5. It is important for the defendant to fully or partially
present the defense to the trial court.
Object:-The main objective of this petition is to bring the parties
to a definite issue and to reduce expenditure and delay and prevent surprise in
hearing. Defendants should have the right to know their opponent's case so that
they can meet and talk.
Amendment
of Pleading [Rule 17 and 18]
Rule 17 empowers the court to grant permission at any time
of the court proceedings to suit the party to modify the suit at any stage of
the suit. All these amendments shall be made when necessary between the parties
for the purpose of determining the question in dispute. The rule presents the
court with discretion in case of amendment of suit.
The following condition must be fulfilled before the court's amendment of pleading.
1. Firstly if it is necessary to determine the actual
question in dispute.
2. Second amendment should be allowed if there is no
injustice with the other party.
Failure
to amend Rule 18
If the party has obtained an order of leave to amend the
petition, but does not make amendments according to the period given or if
there is a specified time for amending the petition within 14 days from the
date of the said order, it shall be amended. Will not be allowed. Until after
the end of the date or after 14 days and time is given by the court. Court has
power to extend revision time even after expiry
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