What do you mean by pleading? Explain.

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 there in 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.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. 

FUNDAMENTAL RULES OF PLEADINGS

1. Facts, not law: court will examine those facts and infer from them.Neither provision of law nor conclusion of mixed law and facts 

2. Material facts: essential or relevant facts. Necessary to prove your case. Facts necessary to achieve decision in favour of the client.Order 6 Rule 2 of CPC, Rule 4 

3. Facts, not evidence: evidence to support the facts need not be mentionedin pleading.  Facta probanda: facts which needs to be proved.   

Facta Probantia: (not  to  be  mentioned  in   pleadings)  facts  necessary for proving certain facts.

Post a Comment

0 Comments