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Showing posts from August 20, 2018

Pleadings, the backbone of a Litigation

Pleadings, the backbone of a Litigation The pleadings in the ordinary sense may mean the Statement of Claim, filed by the Party approaching the Court of law, for the redressal of breach of their rights. In the legal sense, the Pleadings is defined in the CPC, 1908, as Plaint and the Written Statement, meaning thereby, the statement of Claim filed by the Party approaching the Court of law, and the reply thereto filed by the defending Parties. Nature of Reliefs claimed, lies at the heart of any litigation. These “Reliefs claimed” also decides the jurisdiction of the Court / Tribunal, as whether it is competent for them to grant such Reliefs. Further, every Relief which is being claimed presupposes the existence of certain facts, which are required to be pleaded and proved. These may be called material facts of the case. Narration of material “Facts of the Case” forms the  “backbone”  of any litigation, which really decides the “fate” and “length” of the concerned litigation