Pleadings in Civil Procedure Code.pptx

A short and concise ppt on pleadings as described in the Code relating to the provisions to pleadings, its objectives, amendments and why amendments are allowed after filing a plaint.

1. Pleadings in cpc Name: Rudra Pratap Dhananjay Year & Section: 3 rd Year, Section B Enrollment No.: 06213403820

2. Introduction Pleadings form the foundation for any case in the court of law. It is a written statement filed by the counsel of the plaintiff stating his contentions on the case, based on which the defendant shall file the written statement defending himself and explaining why the plaintiff’s contentions should not prevail. Sometimes the plaintiff having filed his plaint, may, with the leave of the court, may file a statement, or the court may require him to file a written statement. In such cases, the written statement forms part of the plaintiff’s pleadings. Similarly, there are cases in which the defendant having filed his written statement may, with the leave of the court, file an additional written statement or the court may require him to do so. In such cases, the additional written statement also forms part of the defendant’s pleadings.

3. Objectives of Pleadings The whole objective behind pleading is to narrow down the issues and provide a clear picture of the case, thereby enhancing and expediting the court proceedings. The pleadings help both the parties know their point of dispute and where both parties differ so as to bring forth the relevant arguments and evidence in the court of law. In short, the objectives are as follows: Pleadings ascertain the actual issues between the parties. Pleadings state the issues to avoid surprise to the other party. Pleadings narrow down on the area of conflict. Pleadings state the facts which need to be proved at the trial.

4. Basic rules of Pleading The basic rules of pleadings are given in Order 6, Rule 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC). They are as follows: Pleadings should state the facts. The facts should be material facts. The pleading should not state the evidence. The facts stated in the leading should be in a concise form.

5. Pleading should state the facts: The first rule of pleading states that the pleading should state the facts and only facts and not the law. Question of fact must be pleaded,i.e ., the existence of any custom or usage, intention, waiver or negligence must be pleaded. In a nutshell, facts which will form the basis for claiming a right or compensation by the plaintiff or prove the defendant’s defense in the written statement will fall under the ambit of facts. Basic rules of Pleading

6. 2. The facts should be material facts The second rule is to present facts which are material only. Immaterial facts shall not be considered. The question arose in the court of law that what is the actual scope of ‘Material Facts’. It was decided by the judge in the case UOI v/s Sita Ram that material facts are those facts upon which the plaintiff’s counsel will claim damages or rights as the case may be or the defendant’s defence in the case. 3. Pleading should not state the evidence It says that pleadings should contain a statement of material facts on which the party relies but not the evidence by which facts are to be proved. There are 2 types of facts: Facts probanda : The facts which need not to be proved. Facts probantia : The facts by which a case is to be proved, i.e., evidence. Basic rules of Pleading

7. 4. The facts stated in the pleading should be in a concise form Compressed and crisp presentation must adhere while presenting the pleadings. At the same time, it must be kept in mind that in order to maintain the brevity of facts, one should not miss out on essential facts in the pleadings. Basic rules of Pleading

8. Amendment to Pleadings the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that despite due diligence, the party could not have raised the matter before the commencement of trial.

9. Why does the court allows the amendment 1. The primary objective for the court to allow application for the Amendment of Pleadings is secure the ends of the justice and prevent injustice to other parties. 2. Also, this amendment is necessary for the purpose of determining the real questions in controversy between the parties. 3. Amendments of pleadings help the parties to correct their mistakes in the pleadings. In the case of Cropper v. Smith, the court stated that the object behind amendment of pleadings is to protect the rights of the parties and not to punish them for the mistake made by them in the pleadings.

10. Amendment of pleading when granted The Amendment of pleadings is necessary for determining the real question of controversy between parties. When the nature of the case will change by allowing the application for amendment of appeal. When a new cause of action arises by allowing the application of an amendment. When the application of amendment is filed to avoid multiplicity of suits. When the plaintiff omits to add some properties to the plaint.

11. Amendment of pleading when refused An application of the amendment of Pleadings is rejected by the court when this amendment is not necessary for determining the fundamental question of controversy between parties. When proposed alteration or modification is unjust. Application for Amendments of Pleadings is refused when it violates the legal rights or causes injustice to the other party. Application of Amendment is refused when it changes the nature of the disputes.