Law And Procedure Relating To Civil Pleadings

‘Pleadings’ in its simple sense means to plead one’s own grievances preferably in writing before an authority which can redress such grievances. It also includes the defenses or rebuttals submitted against such grievances by the opposite party. In the area of administration of justice the authorities which can redress the individual grievances of the parties are courts as defined under the Code of Civil Procedure, 1908 (C.P.C) or the Code of Criminal Procedure, 1973 (Cr.P.C), or Special Courts if any, appointed under Special laws, or Tribunals which are construed to be Courts and having the power of Courts and other quasi-judicial bodies which dispose of a dispute or difference finally, after hearing both the sides and considering the evidence in nature, having their own jurisdictional limits.

In Legal parlance, however, the term ‘pleading’ is used to denote only in respect of civil side proceedings. In common parlance, this term is used casually in respect of most of the judicial and quasi-judicial proceedings, relating to matters of civil nature.

Meaning of Pleadings under C.P.C:

From the civil side of pleadings, Order VI, Rule 1 of CPC defines pleadings to mean a plaint or a written statement.

Plaint means the written grievances submitted before a competent Court seeking due relief or redressal thereof. The person submits the plaint is known as the plaintiff. Order VI C.P.C. deals with matters

Similarly, a Written Statement means the written reply submitted by the opposite party to a plaint in defence of the contentions raised by the plaintiff. The person who submits the Written Statement is known as “defendant”.  Order VII Cr. P. C. deals with the matters relating to a written Statement.

Essential Elements of Pleadings:

• Pleading shall contain statements in concise form: Every pleading shall contain a statement in a concise form about the material facts on which the party pleading relief for his claim or the defence as the case may be other than the evidence by which such material facts are to be proved.
• Pleading should contain only the facts: No pleading shall raise any new ground of claim or contain any allegation of fact inconsistent with the pleadings already submitted by that party except by way of an amendment.
• Every pleading shall be signed by the party as also his pleader: Every pleading shall be signed by the party as well as his pleaders if any. Where a party is unable to sign the pleading by reason of absence or for any other good cause, it may be signed by any duly authorized person either for signing it or to issue or defend on his behalf.
• Pleadings can be amended: The Court may at any stage of the proceedings order to strike out or amend any matter in any pleading which is unnecessary, scandalous, frivolous or tend to prejudice, embarrasses or delay the fair trial or is otherwise an abuse of the processes of the Court. Pleading can be amended or altered with the permission of the court which may be necessary for the purpose of determining the real questions in controversy between the parties.

Points to Covered in Plaint:

• The name of the court in which the suit is brought;
• The name, description and place of residence of the plaintiff;
• The name, description and place of residence of the defendant, so far as they can be ascertained;
• Where the plaintiff or the defendant is a minor or a person if unsound mind, a statement to that effect;
• The facts constituting the cause of action and when it arose;
• The facts showing that the court has jurisdiction;
• The relief which the plaintiff claims;
• Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and
• A statement of the value of the subject matter of the suit for the purpose of jurisdiction and of court fees, so far as the case admits.

Affidavit:

In every plaint facts shall be proved by affidavit. Affidavit means a written statement or declaration made on oath by the maker of it who is also known as deponent and whose signature has to be attested by the authorized authority.