Pleading O.7

Question 1

What is pleading ?

Answer 1

It means plaint or written statement.
We can say that pleading means plaint for plaintiff and WS for the defendant.
Generally pleadings are statement in writing drawn up and filed by each party to the case stating what it’s contentions will be at the trial.

Question 2

Object Of Pleading
Case Name ?

Answer 2

Ganesh Trading Co. v. Moji Ram

1. To give each side intimation of the case so that they are not taken up by surprise.
2. To enable the court to determine relevant issues.
3. To deminish delay in conduct of suit.

Question 3

In which case it was decided that the whole object of pleading is to narrow down the parties to definite issues ?

Answer 3

Thorp v. Holdsworth

Question 4

Fundamental rules of pleading
Provision?

Answer 4

O.6 R.2

1. Plead facts not law
2. Plead only material facts
3. Plead facts not evidence
4. Plead facts in concise form

Question 5

Udhav Singh v. Madhav Rao Scindhia

Answer 5

What is material facts

Question 6

Facta Probanda & Facta Probantia

Answer 6

Plead facts not evidence

Facta Probanda- material facts

Facta Probantia- those facts by which material facts are proved (evidentiary facts)