ES अभिवचन से क्या तात्पर्य है? अभिवचन के उद्देश्यों की व्याख्या कीजिए।

 

Pleading: Meaning and Definition

• Pleading refers to a formal written statement filed by parties in a legal proceeding that sets forth their claims or defenses.
• It is the foundation of a lawsuit, providing details about the facts and legal issues in dispute.
• According to Order VI, Rule 1 of the Civil Procedure Code (CPC), 1908, pleading means plaint (filed by the plaintiff) and written statement (filed by the defendant).

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Objects of Pleadings

The primary purpose of pleadings is to ensure that the parties clearly state their case so that there is no confusion during the trial. The key objectives include:

1. To Define Issues

   • Helps in identifying the disputed facts and legal issues between the parties.

2. To Prevent Surprise

   • Ensures that neither party is caught off guard by unknown claims or defenses.

3. To Facilitate Fair Trial

   • Provides a structured basis for presenting evidence and arguments.

4. To Reduce Delay

   • Eliminates unnecessary proceedings and speeds up the trial by focusing on relevant issues.

5. To Bind Parties to Their Claims

   • Prevents parties from altering or shifting their claims during the trial.

6. To Assist the Court

   • Helps the judge understand the matter and make an informed decision.

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Rules of Pleadings

Pleadings are governed by Order VI of CPC, 1908, which lays down essential rules:

A. Fundamental Rules of Pleading

1. Plead Material Facts Only (Order VI, Rule 2)

   • Only the relevant and necessary facts should be pleaded, not legal arguments or evidence.

2. No Evidence Should be Pleaded

   • The pleading should not include evidence but only facts supporting the case.

3. No Vague or Ambiguous Statements

   • Facts should be stated with clarity, without general or uncertain allegations.

4. Pleadings Must Be Concise and Precise

   • Long and unnecessary details should be avoided.

5. Separate Pleadings for Separate Causes of Action (Order II, Rule 2)

   • Different causes of action must be pleaded separately.

6. Alternative Pleas Allowed

   • A party may raise alternative claims or defenses, provided they are not contradictory.

7. No Departure from Previous Pleadings (Order VI, Rule 7)

   • A party cannot change its original pleadings except with the court’s permission.

8. Amendment of Pleadings Allowed (Order VI, Rule 17)

   • Courts have the discretion to allow amendments for fair justice.

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B. Special Rules for Plaint (Order VII)

• Must contain:
  • Name of the court and parties
  • Facts showing cause of action
  • Jurisdiction of the court
  • Relief claimed by the plaintiff
  • Signature and verification

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C. Special Rules for Written Statement (Order VIII)

• The defendant must:
  • Specifically admit or deny each allegation.
  • Plead all available defenses.
  • Raise counterclaims (if any).

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Conclusion

Pleadings serve as the backbone of any legal proceeding, ensuring clarity and fairness. By adhering to the rules of pleadings, courts can effectively administer justice without unnecessary delays or surprises.