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Introduction To Pleadings

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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 …show more content…

Sub-rule 1 lays down the fundamental principles of pleadings. It reads as under:
Rule 2- Pleading to state material facts and not evidence-(1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.
Therefore, the fundamental principles …show more content…

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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