Fundamental Rules of Pleadings in Civil Procedure Code, Summaries of Law of Evidence

Download Fundamental Rules of Pleadings in Civil Procedure Code and more Summaries Law of Evidence in PDF only on Docsity! NAME: Muhammad Umer ROLL NO: FA16-LLB-024 SUBJECT: Civil Procedure Code QUIZ Order 6 of CPC SEMESTER 8th SESSION: 2016-2021 DATE: 17-09-2020 INTRODUCTION: Pleadings are those materials or essential facts which are necessary to be averred in order to put forward a cause or to establish a defence in a judicial proceeding. It is the backbone of the suit upon which the entire edifice of the suit rests. It includes allegations and counter allegations made by one party and denied by the other. Etymologically, it means a formal statement to propound the cause of action or set up a defence against the case of the plaintiff. 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.” Fundamental or Basic Rules of Pleadings: - Sub-rule (1) of Rule 2 of Order VI of the code of Civil Procedure, 1908, lays down the fundamental principles of pleadings. It reads as under:- “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.” From the above provision it can be said that following are the fundamental or basic rules of pleadings: - (1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material facts; (3) Pleadings should not state the evidence; and (4) The facts in pleadings should be stated in a concise form. Other Rules of Pleadings: - Besides the fundamental or basic rules of pleadings, there are other or particular rules of pleadings which are as follows: - (1) Wherever misrepresentation, fraud, breach of trust, willful default or undue influence are pleaded in the pleadings, particulars with dates and items should be stated.