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Tag: define pleading

Pleadings under C.P.C

Order VI of the Code deals with the Pleadings. According to Rule 1, Pleading means plaint or
written statement. According to P. C. Mogha, pleading are statements in writing draw up and
filed by each party to a case stating what his contention will be at trial and giving all such
details as his opponents needs to know for his defense.

Pleading are Plaint and Written Statement
This rule declares that the pleading are the plaint filed by the plaintiff and the written
statement filed by the defendant and thus the stage of pleading would mean the institution of
plaint till the submission of a written statement. Therefore, pleading are statement of parties to communicate their contention to be adjudicated in trial. This process is the primary process in the Civil Procedure


Object of Pleading:

The object of pleading was explained by the Supreme Court in Ganesh
Trading Co. v. Moji Ram, AIR 1978 SC 484. Pleading has following objects:
a) To give each side, intimation of the case of the other so that they are not taken by surprise.
b) To enable the court to determine the issues between the parties.
c) To diminish expenses and delay in conduct of suits. In Thorp v. Holdsworth(1876) LR 3 Ch D 637 , the court held that the whole object of pleading is to narrow down parties to definite issues.