ARMY INSITITUTE OF LAW, MOHALI

PROJECT ON “MEANING, SCOPE AND OBJECT OF PLEADINGS”

Project Submission in the Partial Fulfillment of Periodic Evaluation

Submitted By:

Catherine Elizabeth Jimmy

1637

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 ACKNOWLEDGEMENT

I take this opportunity to express my humble gratitude and personal regards to all the
teachers, Mrs. Amrita Rathi in particular, for inspiring me and guiding me during the course
of this project work and also for his cooperation and guidance from time to time during the
course of this project work on the topic: - MEANING, SCOPE AND OJECT OF
PLEADINGS.

Mohali Catherine Elizabeth

2nd April, 2020 1637

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 INDEX

1. INTRODUCTION
2. PLEADINGS IN FOREIGN COUNTRIES
3. PLEADINGS IN INDIA
4. MEANING OF PLEADINGS
5. OBJECT OF PLEADINGS
6. PURPOSE OF PLEADINGS
7. GENERAL RULES OF PLEADINGS
8. ESSENTIALS OF A PLAINT

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INTRODUCTION-
Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and
defences. The plaintiff submits a complaint stating the cause of action -- the issue or issues in
controversy. The defendant submits an answer stating his or her defences and denials. The
defendant may also submit a counterclaim stating a cause of action against the plaintiff.
Pleadings serve an important function of providing notice to the defendant that a lawsuit has
been instituted concerning a specific controversy or controversies. It also provides notice to
the plaintiff of the defendant's intentions regarding the suit.

Old common law rules of pleading were complicated and rigorous. Meritorious complaints
were often thrown out of court for technical flaws in form rather than substance. Today, in
most if not all states, a pleading must no longer conform to archaic formats but may be a
simple petition or complaint setting forth the relevant facts and asking for a remedy. 1 In law
as practiced in countries that follow the English models, a pleading is a formal written
statement of a party's claims or defences to another party's claims in a civil action. 2 The
parties' pleadings in a case define the issues to be adjudicated in the action.

PLEADING IN FOREIGN COUNTRIES-

In England and Wales, the first pleading is a Claim Form, issued under either Part 7 or Part 8
of the Civil Procedure Rules, which sets out the nature of the action and the relief sought, and
may give brief particulars of the claim. When used in civil proceedings in England and

1
http://www.law.cornell.edu/wex/pleading
2
Baker, John (January 2002). An Introduction to English Legal History (4 ed.). Oxford: Oxford University
Press. pp. 76–79. ISBN 978-0-406-93053-8.
3
Teter v. Clemens, 112 Ill. 2d 252 (1986).

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Wales, the term "complaint" refers to the mechanism by which civil proceedings are
instituted in the magistrates' court4 and may be either written or oral.

A demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency
of the opponent's pleading (usually a complaint) and demands that the court rule immediately
about whether the pleading is legally adequate before the party must plead on the merits in
response. Since demurrer procedure required an immediate ruling like a motion, many
common law jurisdictions therefore went to a narrower understanding of pleadings as framing
the issues in a case but not being motions in and of themselves and replaced the demurrer
with the motion to dismiss for failure to state a cause of action or the application to strike out
particulars of claim. An answer is a pleading filed by a defendant which admits or denies the
specific allegations set forth in a complaint and constitutes a general appearance by a
defendant. In England and Wales, the equivalent pleading is called a Defence.5

A defendant may also file a cross-complaint against another defendant named by the plaintiff,
may also file a third-party complaint bring other parties into a case by the process of
impleader. A defendant may file a counter claim to raise a cause of action to defend, reduce
or set off the claim of the plaintiff. Common law pleading was the system of civil procedure
used in England6, which early on developed a strong emphasis on the form of action rather
than the cause of action (as a result of the Provisions of Oxford, which severely limited the
evolution of the common law writ system). The emphasis was on procedure over substance.

PLEADINGS IN INDIA-

The present-day system of pleadings in our country is based on the provisions of the Civil
Procedure Code, 1908 supplemented from time to time by rules in that behalf by High Courts
of the States. There are rules of the Supreme Court and rules by special enactments as well.
For one, words ‘plaints’ and ‘complaints’ are nearly synonymous. In both, the expression of
grievance is predominant. Verily, when a suitor files a statement of grievance he is the
plaintiff and what he files is called a ‘complaint’ containing allegations and claims remedy.
As days passed, we have taken up the word ‘Plaint’ for the Civil Court and the word
‘Complaint’ for the Criminal Court. Civil Procedure Code (C.P.C.) defines ‘pleading’ as

4
"Example Pleading: AxonHCS". New York State Unified Court System. Retrieved December 14, 2018.
5
Sec. 51 Magistrates Court Act, 1980.
6
Kailash Chandra v. Vinod, AIR 1994 NOC 267 (MP)

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either a plaint or a written statement.’7 With the passing of time written pleadings supplanted
archaic oral pleadings.

The rules of pleading and other ancillary rules contained in the Code of Civil Procedure have
one main object in view. It is to find out and narrow down the controversy between the
parties. The function of pleadings is to give fair notice of the case which has to be met so that
the opposing party may direct his evidence to the issue disclosed by them.8 Procedural law is
intended to facilitate and not to obstruct the course of substantive justice. Provisions relating
to pleadings in civil cases are meant to give each side intimation of the case of the other so
that it may be met, to enable courts to determine what is really at issue between parties, and
to prevent deviations from the course which litigation on particular causes of action must
take.9

Pleadings should be read not by the piecemeal but as a whole and should be liberally
construed. Every venial defect should not be allowed to defeat a pleading, for a plaintiff’s
case should not be defeated merely on the ground of some technical defect in his pleadings
provided he succeeds on the real issues of the case. It has been held: “Rigid construction of
the law of pleadings was inappropriate and not calculated to serve the cause of justice for
which the law of procedure was largely designed. 10This should, of course, not be taken as an
excuse for pleadings extremely lax and irrelevant, argumentative and inaccurate.”

In construing the plaint, the court has to look at the substance of the plaint rather that its mere
form. If, on the whole and in substance, the suitor appears to ask for some relief as stated, the
court can look at the substance of the relief. “Pleadings have to be interpreted not with
formalistic rigour but with latitude of awareness of low legal literacy of poor people.”
Coming to construction of pleadings, Sarkaria, J held: “A pleading has to be read as a whole
to ascertain its import. It is not permissible to cull out a sentence or a passage and to read it
out of the context in isolation. Although it is the substance and not mere the form that has to
be looked into, the pleading has to be construed as it stands without addition or subtraction of
words or change of its apparent grammatical sense. The intention of the party concerned is to
be gathered, primarily, from the tenor and term of his pleading taken as a whole.11

7
Order 6, Rule 1 of C.P.C.
8
United States v. Uni Oil, Inc., 710 F.2d 1078, 1080-81 n.1 (5th Cir. 1983)
9
Ganesh Trading v. Motiram, AIR 1970 SC 480.
10
Mannar And Another v. Sita Ram And Others, AIR 1969 Del. 120.
11
Udhav Singh v. Madhava Rao Scindia, AIR 1976 SC 744.

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MEANING OF PLEADING-

The act of a person who pleads.

 The advocating of a cause in a court of law.

 The art or science of setting forth or drawing pleas in legal causes.

 A formal statement, usually written, setting forth the cause of action or defence of a case.

 Pleadings, the successive statements delivered alternately by plaintiff and defendant until
the issue is joined.12

OBJECT OF PLEADING-

The object of pleading is to bring the parties to an issue and purpose of the rules relating to
pleading is to prevent the issue being enlarged. Further that the parties themselves know what
the matters in dispute and what facts they have to prove at the trial.

Pleadings are statements in writing of each party containing contentions of each party and
detail of his case. Pleading is defined in order 6 of the code of civil procedure as plaint or
written statement.

Plaint

Plaint is the statement of claim in writing and filed by the plaintiff, in which he sets out his
cause of action with all necessary particulars. Plaint is the first process in inferior court in the
nature of an original writ, whereby a party seeks remedy from court for the redressal of his
grievances.

Written Statement

Written statement is the statement of defence in writing and filed by the defendant, in which
he deals with every material fact alleged by the plaintiff in the plaint. 13 Defendant can state
any new facts, which he considers to be in his favour, and in raise legal objections to the
merits of the case, prescribed by various laws e.g. plea of limitation, plea of estoppel, plea
of res judicata etc.

Rejoinder
12
http://www.dictionary.com/browse/pleading
13
Hurwitz v. Hurwitz, 78 U.S. App. D.C. 66, 136 F.2d 796, 799 (1943).

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Rejoinder means answer of the plaintiff, which he gives keeping in view new facts alleged by
the defendant in written statement.

Additional written statement

It means further answer of the defendant (if court permits) which he gives in light of
rejoinder.

Pleading Should Contain

Every pleading shall contain and contain only, a statement in a concise form of the material
facts, in which the party pleading ( plaintiff or defendant) relies for his claim or defence, as
the case may be.
IT shall not contain, the evidence by which they are to be proved, and it shall, when
necessary, be divided into paragraphs, numbered consecutively.
Dates, sums and numbers shall be expressed in figures.

PURPOSE OF PLEADINGS-

The primary purposes of the pleading may be stated as follows:

a. To define with clarity and precision the issues or questions of fact and law which are in
dispute between the parties and that are to be decided by the court.

b. To provide the opposite party fair and proper notice of the case that it has to meet.

c. To provide a permanent record of the issues and questions raised and to be decided in the
action so as to prevent future litigation upon issues already adjudicated upon between the
parties or those persons privy to them.

d. To limit the ambit and range of documentary discovery.

e. To limit the ambit and range of oral examination for discovery.

f. To allow for the determination as to whether a reasonable cause of action or defence is

g. To fix the burden of proof.

h. To provide a measure for the court to compare the evidence adduced by a party with the
case which has been pleaded.

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i. To determine the range of admissible evidence which the party is entitled to adduce at the
trial.

j. To advise of the relief being requested not only must your pleading do all that, but it also
provides the opportunity to integrate your theory of the case. By setting out the facts and the
legal basis for the relief claimed in a cohesive manner, you can market the "more plausible
explanation of what really happened" to the court.14

GENERAL RULES OF PLEADING-

The Civil Procedure Code deals with pleadings in general 15, plaint16, and written statement17.
The following is the summary of the rules comprised in the provisions of the code:

 In pleading state your whole case, in other words set forth in pleading all material
facts on which you rely for your claim or defence, as the case may be.

 In pleading state facts and not the law, if any matter of law is set out in your
opponent’s pleading, do not plead to it.

 In pleading state only, the relevant facts on which you rely, and not the evidence by
which those facts are to be proved.

 In pleading state material facts only and omit immaterial and unnecessary facts, and
do not plead to any matter which is not against you.

 In pleading, state the facts of the case concisely, but with precision.

 It is not necessary to set-out the whole or any part of the document, unless the precise
words thereof necessary, it is sufficient to state the effects of document as briefly as
possible.

 It is not necessary to allege any matter of fact which the law presumes in your favour
or as to which the burden of proof lies upon your opponent party.

 The party should not plead conclusion of law in pleading.

14
Supra note 12 at 7.
15
Order 6
16
Order 7
17
Order 8

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  Legal pleas such as estoppel, limitation and res judicata or res sub judice etc, may be
pleaded in written statement.

 In cases where the party pleading relies on any misrepresentation, fraud, breach of
trust, wilful default, or undue influence, particulars shall be stated in the pleading.

ESSENTIALS OF A PLAINT18-

Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts about his
cause of action. In fact, plaint consists of some contents, and it is mandatory that such
contents should be present in plaint;

 Plaint should contain name of that court in which suit is brought.

 Plaint should contain name, description and residence of plaintiff.

 Plaint should contain name, description and residence of defendant.

 When plaintiff or defendant is minor or person of unsound mind, plaint should contain a
statement to that effect.

 Plaint should contain those facts, which have constituted cause of action in addition to
when cause of action has arisen.

 Plaint should contain those facts, which show the court has jurisdiction.

 Plaint should contain that relief, which plaintiff claims.

 When plaintiff has allowed set off or has relinquished a portion of his claim, plaint should
contain that amount, which has been so allowed or so relinquished.

 Plaint should contain statement of value of subject-matter of suit not only for purpose of
jurisdiction, but also for purpose of court-fees.

 Plaint should contain plaintiff’s verification on oath.

BIBLIOGRAPHY

18
Order 7, Rule 1 of C.P.C.

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1. www.google.com
2. www.wikipedia.com
3. www.law.cornell.edu
4. www.dictionary.com
5. www.law.uok.edu.in
6. www.lawnotes.wordpress.com
7. www.slideshare.net

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