Monday, 11 January 2021

One liners: Pleadings

1) Pleadings are statements in writing drawn up and filed by each party to a case, stating what his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer.

2) Types of pleadings in India: a) Plaint b) Written  Statement

3) Plaint is a statement submitted by plaintiff in which he sets out his cause of action with all necessary particulars.

4) A written statement, defendant deals with every material fact alleged by the plaintiff and also states any new facts which tell in his favour, adding such legal objections as he wishes to take to the claim.

5) Subsequent pleading means amended pleading by any of party with permission of the Court.

6) At first hearing of the suit, if facts alleged in the written pleading of one party are not admitted or denied by other party in written statement, then the Judge has to ascertain from the latter whether he admits or denies them and to record such admissions or denials. The statement given in this procedure in front of Judge is called as "oral pleading".

7) As under the CPC the defendant is not bound to file written statement unless expressly ordered to do so by the court

8) The whole object of pleading is to give fair notice to each party of "what the opponent’s case is?"

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