The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
2. Pleading are statement in writing drawn up and
filed by each party to a case, stating what his
contation will be at the trial and giving all such
details as his opponent needs to know in order to
prepare his case in answer.
Under order 6 rule 1 defines pleading means or
include plant and written statement.
3. Plaint is the statement of a claim, in writing
and filed by the plantiff, in which he sets out
his cause of action with all necessary
particulars.
4. W.S. is the statement of defence in writing
and filed by the defendant in which he deals
with every material fact answering to
plantiff contetion and also states new facts
which may be in his favour and adding such
legal objections as he wishes to make to the
claim.
5. 1) A pleading must state facts and not law.
2) Only material facts of the case.
3) Pleading should not state the evidence.
4) Pleading should be in concise form etc.
7. The court may allow either party to alter or
amend his pleading at any stage . The court
may impose such terms and condition as it
necessary . Amendment will be allow only if
necessary to determine the real question in
issue.
8. Rejection of plaint:-(order 7, Rule 11)
1) if plaint does not disclose cause of
claim.
2) When the relief claim is under value.
3) If plaint is insficiantly stamped.
4) Suit is barred by limitation.
5) Plaint is not in duplicate.
9. It is a document issued by office of court of
justice, calling upon the person to appear
before it.
Contents in summons:-
1) full name of the person.
2) Date of the case.
3) Address of court.
4) Seal of office.
10. The defendant shall at or before the first
hearing or within such time as the court may
permit, present a W.S. of his defence.
