Order 6 Rule 1 : - Pleading shall mean Plaint
or written Statement
or written Statement
Meaning : - Pleadings are statements in writing drawn up and filed by the each party to a case. Stating what his contentions will be at the trial and giving all such detail as his opponent needs to know in order to prepare his case.
Object:-
National Texttiles Corporation Vs Naresh Kumar
- To limit the party to the extent of their specific issue.
- To diminish expenses and delay.
- To aware the parties about real issue.
- To determine the actual issue.
- To stop the deviation from course of suit.
Rules of Pleading:-
- Gernal rule of Pleading or Basic rule of Pleading ( Order 6 Rule 2)
- Particular rule of pleading. (Order 6 Rule 4-16)
Basic Rule of Pleading : -
- Pleading Should state fact not Law.
- Pleading should state material fact only.
- Plead fact not evidence.
- The fact should be stated in concise form
Fact:
Fact probanda - the fact which hast prove.
Facta probantia: the fact by which it to be proved.
Pleading to be Signed R-14
Verification of Pleading R-15
Verification : - Verifies of his own knowledge.
Verifies upon information required and believed to be true.
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