The Authors, Shelal Lodhi Rajput and Ashwin Singh, students of 2nd Year, BBA LL.B (H) at Symbiosis Law School, Pune, India.
From research aspect to the academic aspect, one of the untouched fields is the Law of Procedure and within in that the most basic topic of Procedural law i.e. Pleadings. The pleadings are soul of proceedings if evidence is heart for that proceedings. In simple terms Pleading, in law means a written presentation by a litigant in a lawsuit setting forth the facts upon which he claims legal relief or challenges the claims of his opponent. The Role and significance of pleading needs to be understood in litmus as it is a sine qua non for a good understanding of procedural law.
If we revisit, the history is evident and importance of pleadings can be seen in all system of justice. Earlier, in common law countries particularly in England the manner of pleadings acquired a special degree of importance as it attracted a great attention of judges during the lawsuit trials in courtroom. In context of England later it became a new branch of learning and from 1668 to 1700, 51 books were published on the subject of pleadings only.[1] With the passage of certain Acts in England there is a major shift on the subject and importance of Pleadings. In common law, the pleadings is mixed blend of different common law systems that is now well settled in each judicial system with the specific sections/rules/orders of statutes that discusses about the pleadings.
There is always a contrasting mark that can be mentioned as whenever we ponder on the topic of Pleadings it is worthwhile to mention the Pleadings in Common law and Germanic Law, as there is existing difference in procedural aspect of pleadings in the aforesaid law system, as in Germanic law it is a rule that if opposite party did not denied is taken by the opposite party as admitted., the same has been adopted by common law system but we need to either avoid or accept to plead by replying it.
As we know there are lacunae’s in every system but there are some prominent demerits of the old system. As the equity pleadings in England had become an obstacles in aid to justice instead of a tool for the same, for which pleading was actually made. The system of pleading of that time was easily misused by the Judges and Lawyer’s to extend the case and it deny the fast disposal of cases and courts were more focusing with the points of pleadings, rather than with questions of substance.[2] The process of equity was adopted for a good cause but with the passage of time the purpose of it gets defeated due to multidimensional reasons. Finally, after passage of time the present system of pleadings in England has modified and Judicature commission beautifully explained the salient characteristics of the two system of pleadings and a quick glimpse on the equity pleadings.
In the Indian Context, the topic of pleadings has been substantially reproduced from England’s system in the Code of Civil Procedure Code. The object of pleadings were clear, it was introduce to provide a quick disposal of cases and also to lower the burden of judiciary by saving their time. But there were some defects in the initial time as in 1924, the Civil Justice Committee reported some defects, since then there were steps taken to fill the existing lacunae. Now, in the present time we have some good treatise on the subject, but they are not very well known.
As we already get to know about the fair idea of pleadings it historical perspective, now we need to understand the key rubrics of it. As what are the merits of good pleadings, its objectives, litmus sense of rules and other related aspects.
The key aspect of any good pleading is just a simple thing that a good pleading must consists of the fact at a glance, there is no need to write the story in pleadings you need to be short and crisp. Here we can look an important observation for better understanding, as in Lord Halsbury in a Privy Council appeal observed[3] Whatever system of pleading may exist, the sole object of it is that each side may be fully alive to the questions that are about to be argued, in order that they may have an opportunity of bringing forward such evidence as may be appropriate to the issue.
The objective of pleadings is manlily to reduce the cumbersome process of trial in courts. The following are the main objectives of pleadings:
- A bird eye view of facts with complete meaning;
- Pleadings shows, which issue is in dispute;
- Pleadings resolve the issue quickly without abluting in the details of ‘particulars’
- Complete understanding of necessary facts and particular facts.
Order 6 is a grundnorm of pleadings in India context, coupled with Order 7 and order 8. The law of pleadings can only be applied in true sense and in spirit if only some bare minima rules to be followed or it will just become a dead letter of law. Pleading provide multidimensional key aspects in any suit ranging from issues between the parties to cause of action, proper mode of trial and the principle of res judicate in subsequent proceedings can be used as a basis of defence.
In litigation, pleading is grammar if litigation is language. The importance of pleadings cannot be neglected as it is the foundation of litigation. Pleadings is something that decide the foundation for entire litigation. House of Lords in case of
Esso Petroleum Co. Ltd. v. South Corporation, has strongly reiterated the importance of pleadings and their binding effects for the subsequent cases. The case involved complex issue raised a mixed jargon of questions related to nuisance trespass and negligence. In this case, the defendant was bound by their pleadings. Further, the decision led to the appeal in the case. Here it is clear as why the pleadings are foundation of litigation.
Pleading is not only the thing that can led you to win a case in court but it is the good pleadings that will do that. There are some essentials for Good pleadings, they are simple it has been said that good pleading consist in good matter, pleaded in good form, in appropriate time and in due order.[4] Good matter, includes all facts and circumstances that clear explains the cause of action or ground of defence respectively. The good pleadings must be short but shall convey the whole synopsis of case with reference to important rubrics from cause of action to the necessary facts. The sine qua non for good pleadings is that is should be drafted with all due care and caution, and it requires mush skill and practice as it needs to be short and not a story of whole case, Your pleadings shall not be included evidence but it shall include facts and facts only. In India, it can be noted that pleadings explicitly does not have mention of evidence but it shall be interlinked necessary with facts while you plead in courtroom, also a party not supposed to contend the facts which they not want to prove. As in India we follow the adversary system, there shall be a clear and complete pleadings, in order that the court may derive the best assistance from the parties. In our system court are not investigators they are just mere decision maker on the presented facts more like a umpire in a match.
The fundamental issue of pleading is cause of action, the confession and avoidance and the scope of factual allegations is something that we need to ponder once we start drafting our pleadings. We shall must include all the particulars in the pleadings. The defendant’s pleading should state, with brevity the facts which give constructive way and destroys the opponents’ cause of action completely and vice versa for plaintiff also. We should keep in our mind that if you cannot convenience the judge confuse them, the pleadings is simply the one of the master key to unlock the throne of procedural law in litigation aspects.
From research aspect to the academic aspect, one of the untouched fields is the Law of Procedure and within in that the most basic topic of Procedural law i.e. Pleadings. The pleadings are soul of proceedings if evidence is heart for that proceedings. In simple terms Pleading, in law means a written presentation by a litigant in a lawsuit setting forth the facts upon which he claims legal relief or challenges the claims of his opponent. The Role and significance of pleading needs to be understood in litmus as it is a sine qua non for a good understanding of procedural law.
If we revisit, the history is evident and importance of pleadings can be seen in all system of justice. Earlier, in common law countries particularly in England the manner of pleadings acquired a special degree of importance as it attracted a great attention of judges during the lawsuit trials in courtroom. In context of England later it became a new branch of learning and from 1668 to 1700, 51 books were published on the subject of pleadings only.[1] With the passage of certain Acts in England there is a major shift on the subject and importance of Pleadings. In common law, the pleadings is mixed blend of different common law systems that is now well settled in each judicial system with the specific sections/rules/orders of statutes that discusses about the pleadings.
There is always a contrasting mark that can be mentioned as whenever we ponder on the topic of Pleadings it is worthwhile to mention the Pleadings in Common law and Germanic Law, as there is existing difference in procedural aspect of pleadings in the aforesaid law system, as in Germanic law it is a rule that if opposite party did not denied is taken by the opposite party as admitted., the same has been adopted by common law system but we need to either avoid or accept to plead by replying it.
As we know there are lacunae’s in every system but there are some prominent demerits of the old system. As the equity pleadings in England had become an obstacles in aid to justice instead of a tool for the same, for which pleading was actually made. The system of pleading of that time was easily misused by the Judges and Lawyer’s to extend the case and it deny the fast disposal of cases and courts were more focusing with the points of pleadings, rather than with questions of substance.[2] The process of equity was adopted for a good cause but with the passage of time the purpose of it gets defeated due to multidimensional reasons. Finally, after passage of time the present system of pleadings in England has modified and Judicature commission beautifully explained the salient characteristics of the two system of pleadings and a quick glimpse on the equity pleadings.
In the Indian Context, the topic of pleadings has been substantially reproduced from England’s system in the Code of Civil Procedure Code. The object of pleadings were clear, it was introduce to provide a quick disposal of cases and also to lower the burden of judiciary by saving their time. But there were some defects in the initial time as in 1924, the Civil Justice Committee reported some defects, since then there were steps taken to fill the existing lacunae. Now, in the present time we have some good treatise on the subject, but they are not very well known.
As we already get to know about the fair idea of pleadings it historical perspective, now we need to understand the key rubrics of it. As what are the merits of good pleadings, its objectives, litmus sense of rules and other related aspects.
The key aspect of any good pleading is just a simple thing that a good pleading must consists of the fact at a glance, there is no need to write the story in pleadings you need to be short and crisp. Here we can look an important observation for better understanding, as in Lord Halsbury in a Privy Council appeal observed[3] Whatever system of pleading may exist, the sole object of it is that each side may be fully alive to the questions that are about to be argued, in order that they may have an opportunity of bringing forward such evidence as may be appropriate to the issue.
The objective of pleadings is manlily to reduce the cumbersome process of trial in courts. The following are the main objectives of pleadings:
- A bird eye view of facts with complete meaning;
- Pleadings shows, which issue is in dispute;
- Pleadings resolve the issue quickly without abluting in the details of ‘particulars’
- Complete understanding of necessary facts and particular facts.
Order 6 is a grundnorm of pleadings in India context, coupled with Order 7 and order 8. The law of pleadings can only be applied in true sense and in spirit if only some bare minima rules to be followed or it will just become a dead letter of law. Pleading provide multidimensional key aspects in any suit ranging from issues between the parties to cause of action, proper mode of trial and the principle of res judicate in subsequent proceedings can be used as a basis of defence.
In litigation, pleading is grammar if litigation is language. The importance of pleadings cannot be neglected as it is the foundation of litigation. Pleadings is something that decide the foundation for entire litigation. House of Lords in case of
Esso Petroleum Co. Ltd. v. South Corporation, has strongly reiterated the importance of pleadings and their binding effects for the subsequent cases. The case involved complex issue raised a mixed jargon of questions related to nuisance trespass and negligence. In this case, the defendant was bound by their pleadings. Further, the decision led to the appeal in the case. Here it is clear as why the pleadings are foundation of litigation.
Pleading is not only the thing that can led you to win a case in court but it is the good pleadings that will do that. There are some essentials for Good pleadings, they are simple it has been said that good pleading consist in good matter, pleaded in good form, in appropriate time and in due order.[4] Good matter, includes all facts and circumstances that clear explains the cause of action or ground of defence respectively. The good pleadings must be short but shall convey the whole synopsis of case with reference to important rubrics from cause of action to the necessary facts. The sine qua non for good pleadings is that is should be drafted with all due care and caution, and it requires mush skill and practice as it needs to be short and not a story of whole case, Your pleadings shall not be included evidence but it shall include facts and facts only. In India, it can be noted that pleadings explicitly does not have mention of evidence but it shall be interlinked necessary with facts while you plead in courtroom, also a party not supposed to contend the facts which they not want to prove. As in India we follow the adversary system, there shall be a clear and complete pleadings, in order that the court may derive the best assistance from the parties. In our system court are not investigators they are just mere decision maker on the presented facts more like a umpire in a match.
The fundamental issue of pleading is cause of action, the confession and avoidance and the scope of factual allegations is something that we need to ponder once we start drafting our pleadings. We shall must include all the particulars in the pleadings. The defendant’s pleading should state, with brevity the facts which give constructive way and destroys the opponents’ cause of action completely and vice versa for plaintiff also. We should keep in our mind that if you cannot convenience the judge confuse them, the pleadings is simply the one of the master key to unlock the throne of procedural law in litigation aspects.
[1] Holdsworth, History of English Law , vol. VI,
[2] Holdsworth History of English Law , vol DC, 325 (1926) citing C.B. Whittier, "Notice Pleading" 31 Harv. L.R
[3] Journal of the Indian Law Institute , July-September 1992, Vol. 34, No. 3 (July September 1992), pp. 355-364
[4] Coke on Littleton, 303 cited in Bouvier'' s Law Dictionary , vol. 2, 2602,
