Pleadings
What do Pleadings mean?
“Pleading” is the name given to the statement of the case of each contending party, the plaintiff or the defendant, in a civil litigation. This term is derived from the French word “plea”. The word “plead” or “pleader” originally conveyed the idea of ‘litigating’ and later acquired the meaning of making an allegation in a cause.[1]
Pleadings, or statements of case, are formal court documents setting out a party's case. In England, a pleading includes the claim form, particulars of claim, defence, Part 20 claim, reply to defence and further information under Part 18 of the Civil Procedure Rules.[2]
Official Definition of Pleadings
"Pleadings" as defined in the Code of Civil Procedure, 1908
Order VI, Rule 1 of the CPC states that "pleadings" include both plaint and written statement.[3] A plaint, although not defined in the CPC, is a legal document that contains the claims made by the plaintiff when they bring a case to a civil court. It is the first step in a civil lawsuit. The written statement is a defence statement submitted by the defendant, addressing the crucial points raised by the plaintiff in the plaint.
According to Order VI, Rule 2(1), a pleading must only include the material facts of the case in a concise manner and not the evidence by which the case is too be proved.[4] This was reiterated by the Supreme Court in the landmark case, Udhav Singh v. Madhav Rao Scindia wherein "material facts" was defined as "facts necessary to formulate a complete cause of action".[5]
For the sake of clarity and better understanding, every pleading must be divided into paragraphs with each allegation detailed in a separate paragraph.[6] Any numerical data in the pleading must be mentioned in figures as well as in words.[7]
"Pleadings" as defined in international instruments
The term "pleading" means a document in which a party sets out it definition on the facts of the dispute and identifies the issues for decision by the trial judge. There are certain variations in the definition and structure of pleadings across various common law jurisdictions.
Generally, the pleadings approach involves a procedure in which the factual and legal documents are established in a sequential fashion wherein the pleading documents are submitted by the parties in the first stage, documentary evidence is produced in the second stage and "submissions" by way of legal rules and authorities is set out in the third stage.
Once these stages are incomplete, oral submissions are made by the parties' counsels followed by followed by examination of witnesses and experts.[8]
History of Pleadings
Origination in England
Earlier, in England, judges and lawyers paid a great deal of attention to the manner of pleading[9] so much so that it ultimately became a complicated branch of learning which was expounded by a profusion of literature and judicial decisions. After the passing of the Common Law Procedure Acts of 1852 and 1860, there were substantial and far-reaching reforms in the system of pleading. This was furthered after the Judicature Act, 1873 was passed along with the Rules of the Supreme Court.The Common Law system narrowed the system of pleadings by bringing the contentions of the party to an “issue” – a single affirmation of one party, denied by the other party. In case of Roman Law, the party who detailed the facts had to prove them, with no need of a formal denial in order to put them in an “issue”.[10]
Pleadings in India
The English system as it stood then, has been substantially reproduced in India by the Code of Civil Procedure (CPC). Earlier, majority of the pleadings in India were lengthy, inefficient and pointless creating confusion and wasting the time of the judges. In 1924, the Civil Justice Committee suggested the desirability of publications of treatises in India in order to train lawyers to draft effective pleadings.[11] Since then, there have been a couple of good treatises on the subject.
Types of Pleadings
There are three main types of pleadings in civil litigation, namely, Statement of Claim, Statement of Defence and Reply.
Statement of Claim
This is a formal document, also known as plaint, prepared on behalf of the plaintiff, setting out the details of the plaintiff's claim.[12] The facts, which the plaintiff must allege in the statement of claim, must be those that can establish a cause of action. [13] Once a statement of claim is filed in court, a copy is provided to the defendant counsel.
Statement of Defence
This is a formal document, also known as written statement, in which the defendant in numbered paragraphs denies or admits the allegations in the statement of claim or asserts defence to the claims.[14] The different High Court Rules require that a defence should be clear, specific, and not ambiguous or evasive.[15]
In the statement of defence, the defendant can acknowledge certain factual claims made in the plaintiff's statement of claim but may also introduce additional facts that alter the legal interpretation or implications of those admitted facts, presenting them in a different light than the plaintiff has.[16] The defendant may even raise in his own pleading, claims which he may have against the plaintiff.[17] This act of the defendant is technically called a counter claim.
Reply
A reply is the second pleading filed by the plaintiff and served on the defendant after receiving the defendant’s statement of defence. It serves as the plaintiff’s response to the defence[18] and is only required when the defence introduces new facts that were not addressed in the original statement of claim.
Importance of Pleadings
Pleadings lay the foundation of the entire litigation. The court or tribunal administering justice between two or more contending parties needs to first ascertain the subject of controversy, before it can decide it. This is done with the help of pleadings.
A good pleading ensures that the judge knows the kind of action he is trying; all the concerned parties are fully aware of the facts of the case; and it is apparent upon whom the burden of proof lies. Furthermore, it diminishes both expenses and delay.[19]
Challenges faced and the way ahead
Lawyers must be provided with training in law schools and internships to draft short and concise pleadings where only the material facts are mentioned in a simple and straightforward manner. This will not only help the judges understand the matter clearer and better but also make the process speedy and efficient.[20] It will also help in reduced litigation costs and lesser potential for ambiguity. Some legal scholars suggest that there is a need for judicial reform aimed at simplifying the rules of pleading and making them more accessible to all parties.[21] This could involve the increased use of plain language and focusing more on the subject-matter of the case rather than strict adherence to procedural formalities. Ultimately, a more streamlined and user-friendly approach to pleadings could contribute to a more accessible and efficient justice system.
References
- ↑ Bakshi, P. M. (1992). PLEADINGS : ROLE AND SIGNIFICANCE. Journal of the Indian Law Institute, 34(3), 355–364. http://www.jstor.org/stable/43951448.
- ↑ LexisNexis. (n.d.). Pleadings. LexisNexis UK. https://www.lexisnexis.co.uk/legal/glossary/pleadings.
- ↑ Code of Civil Procedure, 1908, Order VI, Rule 1 (India).
- ↑ Code of Civil Procedure, 1908, Order VI, Rule 2(1) (India).
- ↑ Udhav Singh v. Madhav Rao Scindia, (1977) 1 SCC 511.
- ↑ Code of Civil Procedure, 1908, Order VI, Rule 2(2) (India).
- ↑ Code of Civil Procedure, 1908, Order VI, Rule 2(3) (India).
- ↑ ACICA Practice & Procedures Board. (2020, July). ACICA explanatory note: Memorials or pleadings? Australian Centre for International Commercial Arbitration. https://acica.org.au/practice-procedures-board/.
- ↑ A.L. Goodhart & H.G. Hanbury (ed.), History of English Law by Holdsworth, vol. VII, 598 (1966).
- ↑ Bakshi, supra note 1.
- ↑ Civil Justice Committee. (1924). Report (pp. 31–134). His Majesty’s Stationery Office.
- ↑ Ciore, J., & Taylor, C. (1998). Civil litigation (3rd ed., p. 195). Cavendish Publishing.
- ↑ Nwadialo, F. (1990). Civil procedure in Nigeria (p. 247). MIJ Professional Publishers.
- ↑ Ciore & Taylor, supra note 13, at 195.
- ↑ Lewis & Peat (N.R.) Ltd. v. Akhimien, (1976). All Nigeria Law Reports, 460, 465.
- ↑ Atidoga, D. F. (2006, March). Appraising the fundamental rules of pleadings in civil litigation. Kogi State University. https://www.researchgate.net/publication/351341399.
- ↑ Nwadialo, supra note 14, at 247.
- ↑ Nwadialo, supra note 14, at 247.
- ↑ Bakshi, supra note 1.
- ↑ Raveendran, R. V. (n.d.). Strengthening justice delivery system – Some challenges & solutions. Former Judge, Supreme Court of India.
- ↑ Gogoi, R. (2013, December 7). Challenges facing the Indian judiciary – Identification and resolution [Speech transcript]. One Day Special Programme for District Judges, Supreme Court of India.
