Pleadings, Kinds Of Pleadings, And Object Of Pleading.
Pleadings means requesting Something in Court of Law.The statement of Facts in writing, drawn up and filed in court by each party constitute “PLEADINGS”.
ORDER 6 RULE 1 Of CPC – Says, “ Pleading means plaint or written statement.”
ORDER 7 of CPC – speaks of Plaint and its content.
Importance of legal notice is based on two important points:- 1.Piece of Evidence and,
2.Opportunity to the other party.
KINDS OF PLEADINGS :
Pleadings may be civil or criminal. Any pleading shall contain only facts but not evidence or law. Kingship of Edward 2– pleading came into existence.
In Civil Cases—Pleading means plaint or written statement.
In Criminal Cases—Pleading means complaint which consists only facts as to commission of offence punishable under the provision of law time being in force.
OBJECT OF PLEADING : The object of pleadings is to narrow down the dispute of the parties to clear issues. Each side, be it the plaintiff or the defendant must be fully aware of the points or the questions that are going to be answered by them.
The very purpose of enacting the rules of Civil Pleadings in this country is to strictly construe the pleadings and save the time and effort of the courts in the administration of justice.
Every pleading should contain the clear and definite issues.
GENERAL RULES OF PLEADINGS :
ORDER 6 of Civil Procedure Code., speaks about rules of pleadings :
- Every pleading must bound facts and not law.
- It must State all material facts and material facts only.
- Pleadings is not necessary to allege the performance of any condition precedent.