Statement with full explanation and relevant case

Querist : Anonymous (Querist) 13 September 2011 This query is : Resolved
Dear Experts, Pl. let me know, when we submit the Return statement (for Partition suit )of Defendant is it necessarily to mention about the HSA law points from 1956/2005 for Ancestral Vs. Personal property explanations & Relevant High court and SC case Reference..

or It will be put forward the the arguments starts ?
thanks

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Ravikant Soni (Expert) 13 September 2011
No need to mention law in pleadings, but you should mention the facts that could bring your case in ambit of particular law supporting you. All ingredients of law must be fulfilled.

Ravikant Soni (Expert) 13 September 2011
There are some basic differences between arguments/pleadings and statements.
You must have to ascertain where is to be placed each of them.

prabhakar singh (Expert) 13 September 2011
What plaintiff pleads is called PLAINT,and in reply what defendant files is called WRITTEN STATEMENT[w.s.].IN COMBO-EFFECT ,THESE ARE CALLED PLEADINGS OF PARTIES.

In a w.s. the defendant either admits a fact pleaded in plaint or denies which is his right.He can also give some ADDITIONAL pleas.
But all pleadings are required to state facts in a concise but in explicit manner,and does not require any mention of law but while drafting them a bearing of law and effect there of is always kept in mind.

There fore it is not necessary to mention any provision of HSA in w.s. of defendant,but if mentioned it would not create in defect in the pleading except that draftsman would be judged incompetent in his bar.

ajay sethi (Expert) 13 September 2011
i agree with Mr prabhakar Singh

Shastri J.K. (Expert) 13 September 2011
i agree with Mr prabhakar Singh.

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