DRAFTING, PLEADING AND CONVEYANCING PROJECT

On

ANALYSIS OF PLEADING OF CIVIL SUIT AND PLEADING OF WRIT

APPLICATION

Submitted to:

DR. Muhammed Aamir Khan

Assistant Professor

Drafting, Pleading and Conveyancing

Submitted by:

Rajshee Singh

Roll No. – 117

I.D. Number – 017/2017/1792

Semester VIII, Section B

BA.LLB (Hons.)

Submitted On:

5th April 2021

“
 DECLARATION”

“I Rajshee Singh have undergone research of the project work titled “ANALYSIS OF
PLEADING OF CIVIL SUIT AND PLEADING OF WRIT APPLICATION”, as a student
of Drafting, Pleading and Conveyancing. I hereby declare that this research project has been
prepared by the student for academic purpose only, and is the outcome of the investigation and
preparation done by me under the able guidance and supervision of DR. Muhammed Aamir
Khan, Faculty of Drafting, Pleading and Conveyancing, Hidayatullah National law University,
Raipur. The authors endorses certain views as her own and gives due credit to the jurists
wherever required.”

Rajshee Singh

Roll no. - 117

Semester-VIII, Section-B

i
 “ACKNOWLEDGEMENT”

“I feel highly elated to work on the topic“ANALYSIS OF PLEADING OF CIVIL SUIT AND
PLEADING OF WRIT APPLICATION”. The practical realization of this project has
obligated the assistance of many persons. I express my deepest regard and gratitude for DR.
Muhammed Aamir Khan. His consistent supervision, constant inspiration and invaluable
guidance have been of immense help in understanding and carrying out the nuances of the
project report.”

Rajshee Singh

Semester-VIII Roll No.-117

BA.LLB (Hons.)

H.N.L.U, Raipur

ii
 CONTENT

Declaration_______________________________________________ i

Acknowledgement__________________________________________ ii

Chapter – 1 Introduction_____________________________________ 1-2

 Objectives
 Methodology
 Chapterization

Chapter – 2 what is pleading? ________________________________ 3-4

Chapter – 3 Pleading of Civil Suit _____________________________ 5-6

Chapter – 4 Pleading of Writ Application________________________ 7-8

Chapter – 5 Conclusions _____________________________________ 9

References _________________________________________________ 9

iii
 INTRODUCTION
“Pleading is considered to be the foundation of legal profession; it is the substructure on which
case of a party stand.” “The case of the Party must be set out in the pleadings”. “Relief cannot be
granted if grounds for that particular matter not mentioned in the pleading. The ambiguous
matters are generally avoided and one should properly frame the pleading.”

“Objects of Pleading are:-

 “to bring the parties to definite issues”,

 “to prevent surprise and miscarriage of justice”,
 “To avoid unnecessary expense and trouble”,
 “To save public time”,
 “To eradicate irrelevancy”,
 “To assist the court”,

“It is an established fact that, “Pleadings not only defines the issues that arose between the
parties but they manifest and exert their importance throughout the whole process of the
litigation”. “It provides a process for proper mode of trial. Pleadings demonstrate upon which
party the burden of proof lies and upon whom the power to open the case lays. The range of
admissible evidence which the party must produce at the evidence is also determined.”

OBJECTIVES:-
 To understand what is pleading and why is it important.
 Analyzing pleading of civil suit.
 Analyzing pleading of writ application.

METHODOLOGY:-
“This project report in hand has been carried by adopting a descriptive approach.”

CHAPTERIZATION:-
The following project report is divided into five sections, that is,

1
 CHAPTER 1: Introduction
 CHAPTER 2: What is pleading?
 CHAPTER 3: Pleading of civil suit
 CHAPTER 4: Pleading of writ application
 CHAPTER 5: Conclusion.

2
 WHAT IS PLEADING?

“As already stated above, pleadings are the backbone of legal profession and it is considered to
be foundation stone on which the case stands. In the case of “DEVKI NANDAN V.
MURLIDHAR”1, it was held that “a finding cannot be sustained which is based on no
pleading and no evidence”. These are some materials and essential or important facts which are
necessary to be declared in order to put forth a cause or defence in a judicial proceedings.”

“Pleadings as said above are the backbone of the suit upon which the entire edifice of the suit
rests. Allegations, counter-allegations that are made by one party and denied by the other are also
included in the pleadings.”

“If we see it etymologically, then it means “a formal statement to propound the cause of action or
set up a defence against the case of the plaintiff”.2”

“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”.3

“Under, “CODE OF CIVIL PROCEDURE, 1908”, “ORDER VI” deals with Pleadings. Rule 1
defines the pleadings, Rule 2 contains Fundamental principles of pleadings, and Rule 3 to 13
contains requirements that the parties to supply necessary particulars, Rules 14 and 15 contain
signing and verification of pleadings, Rule 16 gives power to a court to strike out unnecessary
pleadings and Rule 17, 18 provides for the Provisions relating to amendment of pleadings.4”

“Under Rule 1 of the code, Pleading is defined as “a Plaint or a Written Statement”. The object
of the pleading is to bring parties to definite issues and to decrease expenses and delay and to
prevent surprise at the hearing.”

1
“AIR 1957 SC 133”.
2
“Srivastava K.K. Dr., The law of Pleadings, Drafting and Conveyancing 8 th edition, Central Law Agency, Allahabad, 2014,
p.1.”.
3
“Mogha’s Law of Pleadings (1983) at p.1.”
4
“C.K Takwani, Code of Civil Procedure with limitation Act, 1963, 8 th edition, EBC Publishing, Lucknow, 2020, p.188-221”.

3
“In the case of “THROP V. HOLDSWORTH”5, it was held that “the whole object of pleadings
is to bring parties to an issue, and the meaning of the rules was to prevent the issues being
enlarged, which would prevent either party from knowing when the cause came on for trial, what
the real point to be discussed and decided was”.”

“In another case of “GANESH TRADING CO. V. MOJI RAM” 6, the Supreme Court of India
observed that “Provisions relating to pleadings in civil cases are meant to give to each side
intimation of the case of the other so that it may be met to enable courts to determine what is
really at issue between parties, and to prevent deviations from the course which litigation on
particular causes of action must take”.”

““VIRENDRA KASHINATH V. VINAYAK N. JOSHI”, 7 the supreme court in this case

stated that “the object of the rule is twofold, the first being to afford the other side intimation
regarding the particular facts of his case so that they may be met by the other side and second
being enabling the court to determine what is really the issue between the parties”.

“Pleadings provide a guide for the proper mode of trial. “Pleadings not only defines the issues
that arose between the parties but they manifest and exert their importance throughout the whole
process of the litigation”. It provides a process for proper mode of trial. Pleadings demonstrate
upon which party the burden of proof lies and upon whom the power to open the case lays. The
range of admissible evidence which the party must produce at the evidence is also determined.
“Pleadings are thus the “foundation” of litigation”.8”

5
“(1876) LR 3 Ch D 637”.
6
“(1978) 2 SCC 91: AIR 1978 SC 484”.
7
“(1999) I SCC 47: AIR 1999 SC 162”.
8
“Maria Margarida Sequeria Fernandes v. Erasmo jack de sequeria, (2012) 5 SCC 370: (2012) 3 SCC (Civ) 126”.

4
 PLEADING OF CIVIL SUIT

“Pleadings assert basic positions of the parties in a civil suit. Pleading of civil suits, it is
concerned with seminal reference to order 6 of the code of civil procedure, 1908. “Pleading” as
already stated above means “Plaint or written statement as seen from order 6 Rule 1 of
CPC”.”

“All Plaints, written statements and other proceedings presented to the court, shall be written,
type written or printed, fairly and legible on stamped paper or on substantial foolscap folio
paper”. “It shall be headed with a cause-title, for example in “form 1 of Andhra Pradesh Civil
Rules of Practices (CRP).”

“Certain other forms are also contained by the Chapter –II of the Civil Rules of Practice for the
guidance of all the subordinate Civil Courts. For example- “a document when produced with any
pleading and it appears to be defaced, torn, or in any way damaged, or where its condition or
appearance required special notice, a note of its condition and appearance shall be made on the
list of documents by the party producing the same and should be checked and initiated, if correct,
by the receiving officer”.”

“Pleadings are very crucial.”As provided under order 6 CPC, “no pleading shall except by the
way of amendment, raise any new ground to claim any allegation of fact inconsistent with the
previous pleadings of the party pleading the same”.

“Where material contents of a document is the concern,” “it shall be sufficient in any pleading to
state the effect thereof, unless the precise words of the document or any part thereof are
material”

In case where “a party pleading is by reason of absence unable to sign the pleading, it may be
signed by ant person duly authorized by him to sign the same or to sue or defend on his behalf.”

“The performance of which is intended to be contested, shall be distinctly specified in his

pleading by the plaintiff or defendant”. “Except by the way of amendment, new grounds rose of

5
claim or contain any allegation fact inconsistent with the previous pleading of the party pleading
the same.”

“Verification of pleadings is also an important task. Sequentially, striking out pleadings and
amendment of pleadings are significant factors.”

6
 PLEADING OF WRIT APPLICATION

“There is one of the important distinctions between pleading under the code and a pleading under
Article 32 or 226 of the Constitution. Under CPC, every Plaint or written statement should state
only material facts and not evidence.”

“WRIT” can be understood as “a formal legal document that orders a person or entity to perform
or to cease performing a specific action or deed”. “Writs are basically drafted by Judges, Courts
or other entities that have administrative or judicial jurisdiction to do so.”

“These documents are considered to be part of common law and are often issued after a
judgment is made”.

“In a writ petition, on the other hand, the petitioner, or in a counter-affidavit, the respondent,
should not only state material facts but also the evidence in support and proof of such facts by
annexing necessary orders and documents”.9

“Pleadings are considered or known as “COURTS DOCUMENTS” that are exchanged by the
parties in a case.” “When the case is registered or is of high court or circuit court case, in such a
situation the “solicitor will usually appoint a barrister to draft the pleadings in the case”.

“The Plaintiff or the Claimant is the person who is suing or who brought the case. The person
against whom the case is bought or registered is the defendant or respondent. If the plaintiff
wants or whishes that the proceedings must commence in the district court, in such a situation
their “solicitor prepares and serves a claim notice on the respondent”.”

“To commence proceedings in the Circuit Court and High court, the plaintiff’s barrister generally
prepares a “CIVIL BILL” if it is a “CIRCUIT COURT CASE” and if it is a “HIGH COURT
CASE” than it is “ORIGINATING SUMMONS”.”

“There are five types of Writs; (a) Habeas Corpus, (b) Mandamus, (c) Prohibition, (d) Certiorari,
(e) Quo Warranto.

9
“Bharat Singh v. State of Haryana, (1988) 4 SCC 534: AIR 1988 SC 2181”.

7
“The Indian Constitution grants the Supreme Court the power to issues writ petitions. The
Supreme Court issues writ to enforce any fundamental rights under Article 32 of the Indian
Constitution.”

“In India, the legal ability to issue a writ petition is firstly a provision i.e., the right of
constitutional remedies to each citizen. This right works as guarantor for all the other
fundamental rights in the Indian Constitution”.

8
 CONCLUSION

“Pleadings are the backbone of legal profession. It is the foundation stone on which case of a
party stands. The case of a party must be set out in the pleadings. Pleadings do not only define
the issues between the parties for the final decision of the court at the trial, they manifest and
exert their importance throughout the whole process of the litigation. Pleadings provide a guide
for the proper mode of trial. They demonstrate upon which party the burden of proof lies, and
who has the right to open the case. They also determine the range of admissible evidence which
the parties should adduce at the trial. They also lay down limit on the relief that can be granted
by the Court”.

REFERENCE

 https://legaldesire.com/pleadings-rules.
 https://blog.ipleaders.in/writ/.
 https://www.casemine.com/search/in/pleadings%2Bin%2Bwrit%2Bpetition
 https://articlesonlaw.wordpress.com/2017/12/02/pleadings-in-civil-cases/