PLEADINGS

Presented By-
Mradul Jain
Introduction

The concept of Pleadings is an important subject

matter of CPC. It shall mean plaint or written
statement.
A civil suit starts with the presentation of plaint and for
the purpose of defending the defendant submits the
written statement order VI, Rule 1 in this regard
stipulates that pleadings.
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.
Object of Pleadings

1) to bring parties to definite issues

2) to enable the parties to determine the
testimony which would be required at the
hearting
3) to diminish expenses
4) to prevent delay
5) to prevent one party from taking the
other by surprise at the time of hearing.
6) to prevent miscarriage of Justice.
Essential Ingredients of
Pleadings
1) Pleading should state facts and not law
2) The facts should be material facts
3) Pleadings should not state the evidence
4) The facts should be stated in a concise
for.
5) Dates, sums and numbers shall be
expressed in figures.
Amendment of Pleadings
A civil suit starts with the presentation of plaint and for the
purpose of defending the defendant submits his written
statement. Order VI, Rule 1, in this regard stipulate that by
pleading is meant only the plaint and written statement.
The Law relating to pleadings requires that all material
facts and necessary particulars must be stated in the
pleadings. But because of mistake or inadvertence or
subsequent developments or to meet the case made out by
the opponent, the need for amendment of pleadings may
arise. The object of the rule is that the court should try the
merits of the case that came before it and should
consequently allow all amendments that may be necessary
to determine the real question in controversy between the
parties, provided it does not cause injustice or prejudice to
the other side.
Conditions of Amendment of
Pleadings
Conditions of amendment of Pleadings:
that the amendment is necessary for the resolution
of disputes between the parties.
that there exist to possibility from the amendment
to be harmful to anyone of the parties.
that the time, which is needed for the amendment
would not cause damage to any legal right of the
defendant.
that the amendment does not in any way lead to
any new proceeding.
that there must exist bona fide belief on the part of
the person who comes for the amendment.
Illustartions

A being threatened to be dispossessed from his

inherited property by B field a suit against B
claiming in his plaint declaratory decree and
permanent injunction relating to such property.
Afterwards, during the continuation of suit, A
lost the right of possession by B. And then, he
wanted to add that matter in the plaint and the
court granted it. This is considered as the
amendment of plaint. Likewise, written
statement can also be amended.
In fine, it can be said that pleadings have play an
important role in CPC.