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SREENATH K.S   23 August 2017

Is pleading law prohibited in a plaint

While drafting a plaint, can we plead law alongwith pleadings of facts. Is there any bar in pleading law in a plaint?



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 2 Replies

Sachin Agarwal (Learner in Law)     23 August 2017

Ordinarily it is assumed that Law is known to everyone. Especially the Judges. So its an accepted practice to not plead law in the petition / averments. 

In my opinion, specific provisions of law under which relief is sought, may be referred to in the PRAYER clause. Here in prayer clause one can connect the facts and averrments as pleaded and consequent remedy that lies in provisions of law.

Do go for a more seasoned opinion. As I am myself a learner.

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R Trivedi (advocate.dma@gmail.com)     02 September 2017

Sachin, very right.
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