Order VI Rule I: Pleading is a plaint or written statement.
- A Plaintiff’s Pleading is the Plaint, a statement of claims in which the plaintiff sets out the cause of action with all necessary particulars.
- A defendants pleading is the Written Statement, a defence in which the defendant deals with every material fact alleged by the plaintiff.
- Where the defendants, in the written statement, pleads a Set-off, the plaintiff may file a written statement.
- The whole object of pleadings is to bring the parties to definite issues and to diminish expense and delay to present surprise at the hearing.
CASE: Ganesh Trading Co v. Moji Ram;
Provisions of pleadings in civil cases are meant to give each party information of the case of the other to enables the courts to determines the issue and to prevent deviations from the courses.
CASE: Virendra Kashinath v. Vinayak Joshi;
The object of the rule is two-folded:
- To afford the other side intimation regarding the facts of the case.
- To enable the courts to determine the issue between the parties.
- Rules which are fundamental to pleading:
- Pleading should state facts and not law
- Facts stated should be material facts
- Pleading should not state evidence
- Facts stated should be in a concise form.
- Fact is defined under section 3 of the Indian Evidence Act, 1872;
Any particular thing or statement which can be seen or heard or perceived through senses.
- Any custom, usage or tradition us a fact. It can be mentioned in the pleadings if the party wishes to rely upon it.
- In Hindu personal law, there is karta and the concept of “Pious Obligation”
The doctrine of pious obligation states that the karta shall be responsible for the family and its acts. If the karta takes debt for the family and the Karta dies, the sons have an immediate duty to discharge the debts from the income of family property or the family property. This doctrine is a well-established law, any well-established law need not be mentioned in the pleadings.
CASE: Kedar Lal v. Hari Lal
It is the duty of the parties to state only the facts on which they rely upon for the claims. It is for the court to apply the law to the facts pleaded.
CASE: Udhav Singh v. Madhav Rao Sundia
All the primary facts which must be proved at the trial by a party to established the existence of a cause of action or his defence are material facts.
CASE: Virendar Nath v. Satpal Singh
Whether a particular fact is or not a material fact which is required to be pleaded by a party depends on the facts and circumstances of each case.
CASE: Jamul Abedin v. Bibi Nisha Khatoon
The court may allow the amendment to be carried out by the party in spite of his default on payment of further costs.
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