‘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:
Points to Covered in Plaint:
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.