Pleadings Before Nclt/Nclat/High Court /Supreme Court

“Pleadings” are statement of facts in writing drawn up and filed in Court by each party to a case. Pleading means plaint or a written statement.

Objectives

• Aims at ascertaining the points for contention of the clients to a suit.
• Gives a fair notice/intimation of the case to the opposing party, enabling him to produce evidence to the issue disclosed.
• Enable courts to determine what is really at issue between parties, and to prevent deviations from the course which litigation on particular causes of action must take.
• Pleadings are required to enable the Court to decide true rights of the parties in trial.
• Pleadings are meant to give to each side intimation of the case so that it may be met, to enable Courts to determine what is really at issue between parties, and to prevent deviations from the course which litigation on particular causes of action must take.

Deficiency in Pleading

Following are considered as Material facts:
• Every fact on which the cause of action or the defence is founded is material fact.
• All facts which will be required to be proved at the trial in order to establish the existence of a cause of action or defence are material facts.
• Whether a particular fact is material or not will depend upon the circumstances of the case.
• If a party omits to state or plead any material fact, he will not be permitted to adduce evidence to prove such a fact at the trial.

“My Rupee Mantra” legal experts prepare the pleadings for the clients and present the case before the court(s) as required on behalf of the client(s).