Deficiency in Pleadings would not affect the Plaintiff's Case. Discuss with reference to relevant case laws.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2019
Deficiency in Pleadings would not affect the Plaintiff's Case. Discuss with reference to relevant case laws.
Answer & Explanation:
The fundamental or basic rules of pleadings are:- Pleadings should state facts and not law; The facts stated in pleadings should be material facts; Pleadings should not state the evidence; and The facts in pleadings should be stated in a concise form. Thus, the fundamental rule of pleadings says that pleadings should contain a statement of material facts and material facts only. It says that pleadings should state only facts and not law. In the case of Kedar Lal v. Hari Lal , it was held that it is the duty of the parties to state only the facts on which they rely upon their claims. Here one most important question is arose i.e. what is the meaning of the term "material facts". In the case of Union of India v. Sita Ram , the court said that "material facts" means all facts upon which the plaintiff's cause of action or the defendant's defense depends, or in other words, all those facts which must be proved in order to establish the plaintiff's right to relief claimed in the plaint or the defendant's defense in the written statement. Again in the case of Udhav Singh v. Madhav Rao Scindia , the Supreme Court said that the term material fact means "All the primary facts which must be proved at the trial by a party to establish the existence of a cause of action or his defense are material facts." Again in Virender Nath v. Satpal Singh , the Supreme Court held that: - "The phrase 'material facts' may be said to be those facts upon which a party relies for his claim or defense. In other words, 'material facts' are facts upon which the plaintiff's cause of action or the defendant's defense depends. What particulars could be said to be 'material facts' would depend upon the fats of each case and no rule of universal application can be laid down.
Topics: Civil Procedure Code
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