Meaning of Pleadings

Pleadings are the statement of facts in writing drawn up and filed in a Court by each party to am
case stating therein what his contention shall be at the trial and giving all such details as his
opponent will need to know in order to prepare his case in answer.

In India there are only two pleading in a suit as defined under Order VI, rule 1 of the Code of
Civil Procedure, it says that pleading means “Plaint or Written Statement”. This definition is not
very clear in itself. The plaint and written statement are defined in the following clauses:
1. Plaint: A statement of claims, called the “plaint” in which the plaintiff sets out his cause of
action with all necessary particulars. The provisions related to Plaint are provided in Order
VII of CPC; and

2. Written Statement: A statement of defence, called the “written statement” in which the
defendant deals with every material fact alleged by the Plaintiff in the plaint and also sets any
new facts which tells in his favor, adding such objection as he wishes to take to the claim.
The provisions related to Written Statement are provided in Order VIII.

3. Set-off: It is governed by Order VIII Rule 6 and can be pleaded in a Written Statement.
These are claims that can be made by the defendant in a money suit and are ascertained,
legally recoverable and within the pecuniary jurisdiction of the Court. While both parties fill
the same character as they fill in the Plaintiff’s suit.

4. Counter-Claim: It can be claimed in any suit and will arise only if the defendant could have
filed separate suit for it. Governed by Order VIII R6A-G.

5. Additional Pleading: Although no pleading subsequent to the written statement of a defendant

other than by way of defence to a plea of set-off can be presented without the leave of the court, yet
the court may at any time require a written statement or additional written statement from any of the
parties, i.e., plaintiff or defendant or both (O.VIII, r.8).
Function and Object of Pleadings

1. The object of pleadings is to assist the Court and the parties to the dispute in its
adjudication. Its function is of multi-dimension, and is in various ways.
2. To give a fair notice to each party of what the opponent’s case is.
3. To ascertain with precision, the points on which the parties agree and those on which they
differ and thus to bring the parties to is also a definite issue.
4. To eradicate irrelevancy. The parties, thus themselves know what are the matters left in
dispute and what facts whey have to prove at the trial. They are saved from the expense
and trouble of calling evidence which may prove unnecessary in view of the admission of
the opposite party.
5. Truly speaking the object of the pleading is to narrow down the controversy of the parties
to definite issue.