Drafting, pleading and conyeyancing

Lecture 1

1. DRAFTING, PLEADING AND CONYEYANCING INTRODUCTION OF PLEADING ALONG WITH FUNCTIONS AND OBJECTS OF PLEADING BY ARUNDHATI BANERJEE MLC My Law Corner

2. MEANING AND DEFINITION OF PLEADING MLC My Law Corner The term “pleading” has been defined by various jurists as under – According to Halsbury’s Laws of England , “A “pleading” is used in civil cases to denote a document in which a party to a proceeding in a court of first instance is required by law to formulate in writing his case or part of his case in preparation for the hearing.” According to P.C.Moga , “Pleadings are statements in writing drawn yup 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.” According to Order VI Rule 1 of Civil Procedure Code , “Pleading means plaint or a written statement.”

3. MLC My Law Corner HISTORY OF PLEADING It is to be noted that the system of pleadings as it operates today in India is a legacy of the British Rule. But at the same time it is also clear that the modern English rules of pleading were fundamentally anticipated by the ancient Hindu System. Similarly, there were specific rules of pleading in the Muslim period. But these rules were less strict and were free from technicalities of forms and were subordinated to the end of receiving substantial justice. These rules were gradually superseded by the English Rules and the Civil Procedure Code, 1908.

4. MLC My Law Corner FUNCTIONS AND OBJECT OF PLEADING The whole object of pleading is to bring the parties to an issue and the meaning of the rules of pleading was to present the issue being enlarged, which would prevent either party from knowing when the cause came on for trial what the real point to be discussed and decided was. In fact, the whole meaning of 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.

5. MLC My Law Corner PRINICPAL OBJECTS According to Buleen and Leake the principal objects are as follows – To bring the parties to definite issues – The sole function of pleading is to ascertain with precision the matters on which the parties ‘differ’ and the points to which they ‘agree’ so as to bring them to certain definite issues. The object of pleading is to bring parties to a trial by concentrating their attention on the matter in dispute so as to narrow the controversy to precise issues. To prevent surprise and miscarriage of justice – A party is under an obligation to so state his case that his opponent will not be taken by surprise.

6. MLC My Law Corner PRINCIPAL OBJECTS CONTINUED… To avoid unnecessary expense and trouble – The sole object of every system of pleading is tat each side may be fully alive to questions that are about to be argued, in order that they may have an opportunity of bringing forward such evidence as may be appropriate to the issues. To save public time – The pleading go a long way to diminish delay especially as regards the amount of testimony required on either side at the hearing and a very large amount of public time is saved in the disposal of the cases with a corresponding benefit to litigants.

7. MLC My Law Corner PRINICIPAL OBJECTS CONTINUED… To eradicate irrelevancy – One of the chief objects of pleading is to eradicate irrelevancy and to isolate the issues which happens to be in dispute. To assist the Court – The functions of a pleading is not simply for the benefit of the parties, but also and perhaps, primarily for the assistance of the Court by defining with precision the area beyond which, without the leave of the Court and consequential amendments of the pleadings, the conflicts must not be allowed to extend.

8. MLC My Law Corner CONCLUSION It can rightly be concluded that, “The principal objects of pleading are To define issues of fact and questions of law to be decided between the parties To give to each of them distinct notice of the case intended to be set up by the other, and then to present either party from being taken by surprise at the trial To provide a brief summary of the case of each party, which is readily

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