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What is Pleadings When and why a pleadings can be amended?

What is Pleadings

Question: What do you understand by pleadings? When and why a pleadings can be amended?

Answer:

Pleadings:

Pleadings is an important rule of the Code of Civil Procedure. Order 6 of the Code of Civil Procedure deals the provisions of pleadings. Plaint and written statements are called the pleadings. In every suit of civil nature, the plaintiff must present his plaint mentioning the cause of action with necessary explanation. On the other hand, the defendant must provide written statement in reply of the plaint. Therefore, pleadings is formed with the plaint and the written statement.

Amendment of pleadings;

After filing the plaint or written statement, if it is required to amend or change those, an application for amendment is to be made. It is called the amendment of pleadings. Amendment of pleadings means, to add, strike out, deduction or changer of any necessary information of a pleadings. Amendment in a plaint or written statement may be required for various reasons. For example- during the filing of the plaint any matter was not known, but for the proper disposal of the trial such matter would have been mentioned. If the matter is not mentioned, no evidence can be given in trial as those are outside the ambit of the plaint or written statement.

The established principle is that, the matter which is not mentioned in the plaint, no evidence can be given in support of that, as the other party cannot know his position about the matter. The provision for amendment has been given so that, the parties do not face such difficulties. Rule 17 of order 6 provides, the plaint or written statement can be amended, if the real matter of controversy between the parties are to be determined. However, at first, the real matter of controversy are to be identified and then it shall be decided as to whether the application for amendment shall be granted or not.

When and on what cause a plaint may be amended?

Rule 17 of order 6 has provided that, the application for amendment can be made at any stage. Therefore, an application for amendment of pleading can be made during the pendency of the suit, after the end of examination of witness, at the stage of hearing argument and even at the day fixed for declaration of judgment. Generally, pleadings cannot be amended after the pronouncement of the judgment. However, when an appeal against the judgment is filed, the application for amendment of pleadings can be made, because, appeal is the continuation of the main suit. In Radha Krishna vs. Dwaraka Das, 36 DLR (AD) 253, Guru Mia vs Shamsul Islam, 9 MLR 338, Keramot Ali vs Yunus Ali, 15 DLR (SC) 120, the court has held that an application for amendment of pleadings can be made at or before the judgment of a suit, or at the appellate or revisional court.

Question: What documents are to be submitted with the plaint? If these documents are not submitted, what the result is?

Answer:

The procedure of filing document with the plaint:

According to rule 14 of order 7:

1. Where a plaintiff depends upon documents in his possession or power as evidence in order to support his claims, he shall produce them in Court when the plaint is presented, and shall at the same time deliver the documents to be filed with the plaint.

2. Where the plaintiff relies on any other documents not in his possession or power in order to support his claims, he shall enter such documents in a list to be added or annexed to the plaint and state in whose possession or power they are.

3. Where any such document is not in the possession or power of the plaintiff, he shall, if possible, make statement regarding in whose possession or power it is.

Legal consequence of not filing a document with the plaint:

According to rule 18, order 7:

If necessary documents are not submitted, which ought to have been submitted with the plaint, the document shall be inadmissible as evidence. However, the court may grant it, if it wants.

Question: In rejecting the plaint, the court shall take only the plaint and the documents submitted therewith into account, not the arguments the defendant has submitted in his written statement. Explain the statement with precedents.

Answer:

In rejecting a plaint, court shall take the documents submitted with the plaint into account, not the arguments of the defendant filed in his written statement. After filing of the plaint, the court shall examine it to see whether the plaint is to be rejected or returned or not. If the court finds that the suit is not maintainable, in such case the court shall reject the plaint. However, in rejecting the plaint, the court shall take the plaint and documents submitted by the plaintiff into account. In such case, the court shall not take the written statement of the defendants into account. Therefore, if the court finds after reading the plaint that, no cause of action has arisen or the suit is barred by law, the court may reject the plaint. Therefore, in rejecting the plaint, the court shall take the plaint and the documents submitted by the plaintiff into account, not the documents submitted by the defendant.

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