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CPC 2

Pleadings are the formal written statements submitted by parties in a lawsuit that outline their respective claims and defenses. Pleadings must state material facts in a concise manner and not merely present legal arguments or evidence. Pleadings must be signed and verified by a party or authorized person. Pleadings can be amended by the court if the amendment is necessary to resolve disputes, does not harm any party, and does not introduce an entirely new case. Amendments are not allowed if they change the nature of the suit or defense, add new relief, or take away accrued legal rights from the other party.

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39 views2 pages

CPC 2

Pleadings are the formal written statements submitted by parties in a lawsuit that outline their respective claims and defenses. Pleadings must state material facts in a concise manner and not merely present legal arguments or evidence. Pleadings must be signed and verified by a party or authorized person. Pleadings can be amended by the court if the amendment is necessary to resolve disputes, does not harm any party, and does not introduce an entirely new case. Amendments are not allowed if they change the nature of the suit or defense, add new relief, or take away accrued legal rights from the other party.

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Explain the essential requisites of pleading and describe the manner of amending the

pleading

Pleading Order- 6 :- Order 6 deals with pleadings in general. The pleading is the beginning
stage of a suit in which parties formally submit their claims and defenses. Rule 1 defines
pleading, while rule2 lays down the fundamental principles of pleadings. Rules 3 to 13 require
the parties to supply necessary particulars. Rules 14 and 15 provide for singing and verification f
pleadings. Rule 16 empowers a court to strike out unnecessary pleadings, rules 17 and 18
contain provisions relating to the amendment of pleadings.

Introduction :- Pleading is the beginning stage of the suit in which parties formally submit their
claims and defenses. In this, a plaintiff submits a complaint stating the cause of action, the issue
or issues in controversy. The defendant submits an answer stating his or her defenses and
denials. The defendant may also submit a counterclaim stating a cause of action against the
plaintiff. Pleadings serve an important function of providing notice to the defendant that a lawsuit
has been instituted against him. It also provides notice to the plaintiff of the defendant’s
intentions in regards to the suit.

Definition; pleading; rule 1:-“Pleading” is defined as a plaint or written statement.


According to the definition, we can say that a pleading is as follows:-

The act of a person who pleads.


The advocating of a cause in a court of law
The art or science of setting forth or drawing pleas in legal causes.
A formal statement usually written, setting forth the cause of action or defense of a case.
Pleadings, the successive statements delivered alternately by plaintiff and defendant until
the issue is joined.

Object:- The whole object of pleadings is to bring parties to definite issue and to diminish
expense and delay and to prevent surprise at the hearing. Further that the parties themselves
know what are the matters in dispute and what facts they have to prove at the trial.

In fact, the whole meaning of the system is to narrow the parties to definite issues, and thereby
to diminish expense and delay, especially as regards the amount of testimony required on
either side at the hearing.

Basic rules of pleadings rule 2:-

As per the sub-rule(1) of rule 2. And on analysis, of the lays down fundamental principles of
pleadings, the following general principles emerge:-
1.Pleadings should state facts and not law;

2.The facts stated should be material facts;

3.Pleading should not state the evidence; and

4.The facts should be stated in a concise form.

Signing and verification of pleadings rules 14-15:


As a general rule, every pleading must be
signed by the party or by one of the parties or by his pleader. But if the party is unable to sign
the pleading, it can be signed by any person authorized by him. (rule -14). Similarly, every
pleading must be verified by the party or by one of the parties pleading or by some other person
acquainted with the facts to the case.
Amendment of pleadings rules 17-18 :
As already stated, material facts and necessary particulars must be stated in the pleading and
the decision cannot be based on the grounds outside of the pleadings. But any time the party
may find it necessary to amend his pleadings before or during the trial of the case.
So there are some conditions of amendment of pleadings which are as follows:-
1. That the amendment is necessary for the resolution of disputes between the parties.
2. That there exist to possibility from the amendment to be harmful to any one of the parties.
3. That the time, which is needed for the amendment would not cause damage to any legal
right of the defendant.
4. That the amendment does not in any way lead to any new proceeding.
5. That there must exist bona fide belief on the part of the person who comes for the
amendment.
Things for which amendment in pleadings is not allowed:
1. Where their amendment changes the nature of the suit and introduces a totally different,
new and inconsistent case or changes the fundamental character of the suit or defence.
2. Where new relief is added or asked.
3. Where the new cause of action is arisen by the new application.
4. Where the effect of the proposed amendment is to take away from the other side a legal
right accrued in his favour.
5. Where the application for amendment is not made in good faith.

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