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    Pleading

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    Rana Danish Kheyal
    Pleadings are written statements filed by parties in a civil lawsuit that contain the factual and legal arguments of their case. The objectives of pleadings are to narrow the issues in dispute and inform the other parties of the facts that need to be proven. Pleadings must contain only concise statements of material facts without evidence, and parties are bound by the statements in their pleadings. Case law has established that parties cannot lead evidence or arguments beyond what was included in their pleadings.

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    Pleading

    Uploaded by

    Rana Danish Kheyal
    35 views2 pages
    Pleadings are written statements filed by parties in a civil lawsuit that contain the factual and legal arguments of their case. The objectives of pleadings are to narrow the issues in dispute and inform the other parties of the facts that need to be proven. Pleadings must contain only concise statements of material facts without evidence, and parties are bound by the statements in their pleadings. Case law has established that parties cannot lead evidence or arguments beyond what was included in their pleadings.

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    Pleadings are written statements filed by parties in a civil lawsuit that contain the factual and legal arguments of their case. The objectives of pleadings are to narrow the issues in dispute and inform the other parties of the facts that need to be proven. Pleadings must contain only concise statements of material facts without evidence, and parties are bound by the statements in their pleadings. Case law has established that parties cannot lead evidence or arguments beyond what was included in their pleadings.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    35 views2 pages

    Pleading

    Uploaded by

    Rana Danish Kheyal
    Pleadings are written statements filed by parties in a civil lawsuit that contain the factual and legal arguments of their case. The objectives of pleadings are to narrow the issues in dispute and inform the other parties of the facts that need to be proven. Pleadings must contain only concise statements of material facts without evidence, and parties are bound by the statements in their pleadings. Case law has established that parties cannot lead evidence or arguments beyond what was included in their pleadings.

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    © All Rights Reserved
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    of 2

    Q: Define in detail “Plaint?

    Pleading:
    Pleadings are statements in writing of each party containing contentions
    “arguments” of such party and detail of his case. Pleading is defined in Order (6)
    Rule (1) of Code of Civil Procedure as plaint or written statement.
    Object of Pleading:
    The object of Pleading is to bring parties to an issue and the purpose of the rules
    relating to Pleading is to prevent the issue being enlarged. Further that the
    parties themselves know what the matters in dispute are and what facts they
    have to prove at the trial.
    Purpose of Pleading:
    Purpose of pleadings was to led the other party to know as to what case it had
    to meet as well as the facts which parties were to prove or establish the cause
    of action or the defendants to establish their defence.
    (2017 YLR Notes Karachi 205).
    Importance of Pleading:
    Importance of the pleadings and its legal value and significance could be
    evaluated and gauged from the fact that it was primarily on the basis thereon
    that the issues were framed.
    (2015 SCMR 1698)
    What Should a Pleading contain?
    Every Pleading shall contain and contain only, a statement in concise form of the
    material facts, on which the party Pleading (plaintiff or defendant) relies for his
    claim or defence, as the case may be. It shall not contain the evidence by which
    they are to be proved, and it shall, when necessary, be divided into paragraphs,
    numbered consecutively. Dates, sums and numbers shall be expressed in
    figures.
    General Rules of Pleading:
    In Civil Procedure Code Order (6), deals with Pleadings in general, Order (7),
    deals with plaint, and Order (8), deals with written statement. The following is
    the summary of the Rules comprised in Orders 6, 7 and 8 of CPC:
    1. In Pleading A pleading must state facts and not law.
    2. In Pleading state facts and not law, if any matter of law is set out in your
    opponent’s Pleading do not plead to it.
    3. In Pleading state only, the relevant facts on which you rely, and not the
    evidence by which those facts are to be proved.
    4. In pleading state material facts only and omit immaterial and unnecessary
    facts, and do not plead to any matter which is not alleged against you.
    5. In Pleading state, the facts of case concisely, but with precision.
    6. it is not necessary to set-out the whole or any part of document, unless
    the precise words thereof are necessary. It is sufficient to state the effect
    of document as briefly as possible.
    7. It is not necessary to allege any matter of fact which the law presumes in
    your favour or as to which the burden of proof lies upon your opponent
    party.
    The party should not plead conclusion of law in pleading. Legal pleas, such as
    Estoppel, Limitation, and Resjudicata/Res-subjudice, etc may be pleaded in
    written statement.
    In cases where the party Pleading relies on any misrepresentation, fraud, breach
    of trust, willful default or undue influence, particulars thereof shall be stated in
    the Pleading.
    Case Law on Pleadings
    • 2022 PLD SC 99 MUHAMMAD NAEEM KHAN vs. MUQADAS KHAN
    No party can lead evidence beyond the pleadings.
    • 2022 PLC(CS) 866 ISLAMABAD HOMOEOPATHIC DOCTOR PERVEIZ
    AKHTER QURESHI vs. GOVERNMENT OF PAKISTAN through Secretary
    Ministry of Health
    Parties are bound by their pleadings and cannot urge to the contrary at the
    hearing.
    • 2021 SCMR 642 SADDARUDDIN vs. SULTAN KHAN
    • 2022 PLD 51 QUETTA BAHADUR KHAN vs. KARIM GUL
    • 2022 MLD 563 QUETTA Syed GULISTAN Vs. GULAB KHAN
    • 2022 CLC 1203 KARACHI DANISH AZHAR vs. The CONSUMER
    PROTECTION COURT (SOUTH), KARACHI

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