Pleas In Civil Law

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INTRODUCTION
The general definition of “plead” is to make an emotional appeal. In law, however, to plead means to make a statement of what you believe to be true, especially in support of something or someone or when someone has been accused in a law court.
According to Mogha , “Pleadings are statements in writing drawn up and filed by each party to a case, stating what his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer”. This definition is conclusive and adds to the definition as per Order 6 Rule 1 of the Code of Civil Procedure- “Pleading” shall mean plaint or written statement. This order deals with pleadings and has 18 rules.
In civil cases, pleadings
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Either of the parties build their case based on the pleadings of the other.
The whole object of pleadings, as held in Throp v Holdsworth is-
“To bring the parties to an issue, and the meaning of the rules (relating to pleadings) was to prevent the issue being enlarged, which would prevent either party from knowing when the cause came on for trial, what the real point to be discussed and decided was. In fact, the whole meaning of the system is to narrow the parties to definite issues, and thereby to diminish expense and delay, especially as regards the amount of testimony required on either side at the hearing”
In Virendra Kashinath v Vinayak N. Joshi , the Supreme Court stated,
“The whole object of the rule is twofold. First is to afford the other side intimation regarding the particular facts of his case so that they may be met by the other side. Second is to enable the court to determine what the issue between the parties is
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It is not the duty of the parties to state the law but the duty of the court to apply the law to the facts pleaded. The existence of custom or usage is a question of fact and must be pleaded. Intention is also a question of fact and must be pleaded.
The facts should be material facts- A material fact is any important information that may affect a decision in a court of law. It is essential to state the material facts to enable the opposite party to know the case he is required to meet. Failure to state the material facts will result in dismissal of the suit. There is a difference between ‘material facts’ and ‘particulars’. Particulars support the material facts and they do not affect the decision to be taken.
Pleadings should not state the evidence- Pleadings should contain a statement of material facts on which the party relies but not the evidence by which those facts are to be proved.
Facts are of 2 types:
(a) Facta probanda – Facts required to be proved (material
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