Notes on Pleading, its Object, and Fundamental Rules (C.P.C 1908, India)

Pleadings are written statements prepared and submitted by each party involved in a legal case. These statements outline the arguments and claims that will be presented during the trial. They provide all the necessary information for the opposing party to prepare their response.

According to the Code of Civil Procedure, "pleading" refers to a plain or written statement. The plaintiff files a document called the "plaint" which presents their claim and includes all the relevant details. The defendant, in turn, files a "written statement" as their defense. In this statement, the defendant responds to the plaintiff's allegations and may also introduce new facts and legal objections to the claim.

In certain situations, either the plaintiff or the defendant may be required or permitted by the court to file additional statements. These additional statements become part of the respective party's pleadings. The plaintiff's additional statement is called a "supplemental pleading," and the defendant's additional statement is known as an "additional written statement."

The main purpose of pleadings is to narrow down the issues between the parties, reducing the time and expense required for the trial. By clearly defining the matters in dispute, the amount of evidence and testimony needed can be minimized.

Fundamental Rules of Pleadings:

1. Pleadings should focus on stating facts, not laws.
2. They should include only the essential facts on which the party relies to support their claim or defense.
3. Pleadings should present the facts, not the evidence that will be used to prove them.
4. Facts should be stated in a concise manner, using separate paragraphs for each allegation whenever possible. Dates, amounts, and figures should be expressed numerically.
5. Anticipating the opponent's response should be avoided. Pleadings should concentrate on what is relevant at the current stage of the lawsuit.
6. Facts necessary for establishing a legal right or duty must be mentioned. For example, in a breach of contract case due to the defendant's negligence, the duty owed by the defendant and their specific negligence should be specified.
7. Performance of a condition precedent is assumed and does not need to be alleged. However, the opposing party must clearly specify any conditions they intend to contest.
8. When referring to relevant documents, it is sufficient to state their effect without including the entire document unless the precise wording is crucial.
9. Facts that are presumed by law or where the burden of proof lies with the opponent do not need to be pleaded.
10. Conclusions of law should not be pleaded. For instance, the obligation of a Hindu son to pay his father's debts is understood and does not require pleading. However, foreign laws, customs, and usages that are not commonly known must be pleaded as facts.
11. Legal pleas such as estoppel, limitation, and res judicata may be raised as defenses.
12. If a party relies on misrepresentation, fraud, breach of trust, willful default, or undue influence, they should provide specific details in the complaint.

The person verifying the pleading must also provide an affidavit supporting their statements.

Note: These notes provide a simplified explanation of the concept of pleading, its purpose, and the fundamental rules associated with it under the Code of Civil Procedure in India.