Pleading

Pleading(English Code of Civil Procedure, 1908) means written statements submitted by the parties to court, clearly outlining their respective claims and defenses
Alternative Pleas: Party can present multiple pleas in court(all are mutually exclusive) and ask court to accept one(as per situation)
Inconsistent pleas plea where the relief sought cannot logically stand together because the claims are contradictory.
Mutually destructive plea: A specific type of inconsistent plea where proving one claim automatically disproves the other
Functions of Pleading
  1. Notice to both parties about the case and prevent surprises at trial.
  2. To prevent surprises
  3. Save court time

2 Types of Pleading

1. plaint: Written document filed by the plaintiff(who files the case)
2. Written statement: By the defendant
Example(plaintiff files a suit for recovery of money). Plaint would outline when and why the money was lent, provide dates and supporting facts.In response, the defendant might file a written statement denying the debt or asserting that the money was repaid.

History of Pleading

Earlier pleading was Oral and conducted before judges or kings.
Written pleadings came later, influenced heavily by developments in England. art of pleading was refined in England during the reign of Henry II and was gradually adopted in India

Fundamental rules of Pleading

Derived from Order 6, Rule 2 of the Code of Civil Procedure (CPC).
1. Pleading must state Facts(Facta Probanda) only provided in numbered chronological order
2. Pleading shold not have evidences(Facta Probantia), which should come during trial.

Cases