Section O6R1Procedural
Pleading
Full Text
“Pleading” shall mean plaint or written statement.
Plain English Summary
Defines the statutory term 'pleading' under the Code of Civil Procedure as strictly denoting either the plaintiff's plaint or the defendant's written statement.
Key Legal Elements
- Bilateral Definition: Confined strictly to plaint and written statement.
- Inclusion of Replications: By judicial extension, replications/rejoinders filed with court leave form part of pleadings.
- Exclusion of Interlocutory Motions: Affidavits, interlocutory applications, and miscellaneous petitions do not constitute 'pleadings' under Rule 1.
Practical Note
Foundational Doctrine: 1. Scope of Pleadings: In Throp v. Holdsworth (1876), it was settled that the objective of pleadings is to narrow the parties to definite issues and avoid surprise at trial. Under Indian law, replications/rejoinders admitted under Order VIII Rule 9 become integral parts of the pleadings.
हिंदी पाठ
“अभिवचन” (Pleading) से वादपत्र (Plaint) या लिखित कथन (Written Statement) अभिप्रेत होगा।