Pleading Fact only
Soma
(Querist) 12 September 2009
This query is : Resolved
It is the general rule that pleading must contain statement of fact only. But I have seen advocates including case laws in written statements, objections and plaint. Am little b it confused. Can any body explain? whether case law can be included in pleading?riven
Kiran Kumar
(Expert) 12 September 2009
yes the case laws or the previous decisions can be mentioned in the pleadings...but it is advisable to rather use the legal language to ur advantage.
make out ur case, in a manner that the decision of higher courts is included but the actual judgment is not disclosed, it helps at argument stage.riven
Raj Kumar Makkad
(Expert) 12 September 2009
Fully agreed with Kiran Kumar. In case any authority is mentioned in the pleadings, it binds that party and we all know that law remains changing day by day but the party referring that authority/judgment cannot go behind and resultantly they should be ready to face the consequences.riven
Bhumik Dave
(Expert) 13 September 2009
Yes u can mention citation in plent but its open point of defence better way to produce it at the time of argument.riven
Y V Vishweshwar Rao
(Expert) 13 September 2009
I agree with Mr Kiran Kumar
The principles of Judgment of HC/SC can be mentioned in the pleadings ,
it is not necessary to mention the Judgment or Citations in the peladings !
as adviced by lrd friends , it should be a point for arguements at the time of final hearing/arguments of the suitriven
Sachin Bhatia
(Expert) 13 September 2009
Agreed with Mr. Kiran Kumar & Mr.Raj kumar makkad.riven
Prakash Yedhula
(Expert) 13 September 2009
Reply by Shri S.A.Rajan sent to lawyersclubindia:
Law is ,pleading must contain facts necessary. In case of specific pleadings such as fraud etc., the instances have to be set out clearly and evidence has to be let in. The pleading need not contain provisions of law, law book quoted, Acts and citations. Over enthusiastic lawyers do this.However it is good for a lawyer to be thorough with law on the subject, even when drafting is done though law need not be set out in pleadings.
S.A.RAJANriven
Soma
(Querist) 16 September 2009
Thank for such detailed information..all respected seniorsriven
