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What Is Meant By Pleading In Law?

  • Writer: lead India
    lead India
  • Sep 12, 2023
  • 3 min read

Pleading is clearly defined in Rule 1 of Order VI as either a plaint or a written statement. The plaintiff, or statement of claim, in which the plaintiff states his cause of action with all relevant particulars, is known as the plaintiff's pleading. The defendant responds to each accusation made by the plaintiff in the plaintiff and adds any additional material that can support the defendant's defense in his written statement, which is called a pleading.


All important factual accusations that the parties will have to substantiate at trial are outlined in the pleadings. A party must include in its pleadings any truth or substance that could surprise the other party or render the other party's position unpersuasive. Additionally, it is not the function of pleadings to provide all of the evidence that a party will use to support their claim or defense. The evidence that must be shown to support the facts stated in the pleadings shall be governed.


It is not required to list every piece of proof that the facts stated in the pleadings are true. It wouldn't be required for you to state in your petition, for instance, that other employees can attest to the fact that you completed the task or that the person who hired you thanked you. Such evidence should be presented in an affidavit or on the witness stand during a trial. In the end, the claims of fact will be proven by testimony provided in an affidavit, in person during the trial, or via pertinent documents. The filings establish the case's parameters up until that point.


Which pleading is filed by whom?

An initial pleading outlining the claim must be filed by the party making it. A statement of claim or summons is the common name for this. The other party is then entitled to respond to each fact that has been alleged in the defense of that claim that they have filed. In the proceeding, all facts that the reason admits to are regarded as agreed facts. The issues that will be decided in the proceeding will be based on the facts that were not confessed to or refuted in a defense.

The sub-rule (1) of Rule 2 of Order VI of the Code of Civil Procedure, 1908, discusses Basic or Fundamental Rules. The fundamental pleading rules or Drafting in law are as follows, summarized from the provision:

  • It is best to argue from facts rather than the legislation. This was initially established in the case of Kedar Lal v. Hari Lal when it was decided that the parties had a responsibility to disclose the circumstances surrounding their compensation claims. To reach its decision, the court must apply the law to the evidence presented. To claim legal authority over the provided facts, one should not assert or implement any laws.

  • Material facts must be pleaded: The second fundamental principle is to only disclose relevant facts. Immaterial information won't be taken into account. In a court of law, the issue of what exactly qualifies as "material facts" arose.

  • When pleading, evidence should not be presented: According to this rule, pleadings must include a description of the relevant facts on which the party is relying but not the supporting documentation. Two categories of facts exist:

  1. Facts probanda: those that must be proven, often known as substantial facts

  2. Facts probantia: facts used as evidence to support a claim.

  • The facts should be conveyed clearly: This is the last and most important basic pleading rule. When presenting the pleadings, a concise and clear presentation must be followed. However, it must be kept in mind that to retain conciseness, one should not exclude crucial information from the pleadings. If one is careful with their syntax, pleadings can be saved from superfluity.

Any legal case's foundation is made up of the pleadings. The pleading lays out the case. Defining claims or defenses for either side directs the parties to develop arguments and understand the claims of the other party. It serves as direction for the entire suit trip. They also decide what types of admissible evidence the parties may present throughout the trial.


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