PLEADIND ANDWRTTEN

STATEMENT Ramanand karwa

Shri shivaji law college LLb 3rd

PLEADING

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

Under order 6 rule 1 defines pleading means or include plant and written statement.

PLAINT(ORDER 7)

Plaint is the statement of a claim, in writing and filed by the plantiff, in which he sets out his cause of action with all necessary particulars.

WRITTEN STATEMENT

W.S. is the statement of defence in writing and filed by the defendant in which he deals with every material fact answering to plantiff contetion and also states new facts which may be in his favour and adding such legal objections as he wishes to make to the claim.

RULES OF PLEADING(ORDER 6 RULE 2)

1) A pleading must state facts and not law.

2) Only material facts of the case.3) Pleading should not state the

evidence.4) Pleading should be in concise form etc.

Facta probenda:- material fact required to be proved. Facta probentia:- evidence of material facts.

AMENDMENT OF PLEADING(O.6, RULE 17& 18)

The court may allow either party to alter or amend his pleading at any stage . The court may impose such terms and condition as it necessary . Amendment will be allow only if necessary to determine the real question in issue.

PLAINT

Rejection of plaint:-(order 7, Rule 11)1) if plaint does not disclose cause of

claim.2) When the relief claim is under value.3) If plaint is insficiantly stamped.4) Suit is barred by limitation.5) Plaint is not in duplicate.

SUMMONS

It is a document issued by office of court of justice, calling upon the person to appear before it.

Contents in summons:-1) full name of the person.2) Date of the case.3) Address of court.4) Seal of office.

WRITTEN STATEMENT(ORDER 8) The defendant shall at or before the first

hearing or within such time as the court may permit, present a W.S. of his defence.

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