Please Simplify the following sentence for me!
Querist :
Anonymous
(Querist) 23 March 2010
This query is : Resolved
"Evidence is not to be pleaded in any kind of petition"
Daksh
(Expert) 23 March 2010
Dear Anonumous,
1. Evidence is forbidden to be included pleadings.
2. While petitioning avoid including Evidence.
Best Regards
Daksh
Manish Singh
(Expert) 23 March 2010
i dont have much knowledge about the procedural laws but i do not agree with the contention that "Evidence is not to be pleaded in any kind of petition"
i agree that evidence should not be pleaded in any suit/plaint as per order VI rule 2 of CPC but that does not mean that the same shall be applicable in toto to any petition too.
i have filed writ petitions where i have appended evidences. also in matrimonial petitions we need to append evidences. we must borne in mind that there's a difference between a suit and a petition which, as per my view, negates the above said contention.
B K Raghavendra Rao
(Expert) 23 March 2010
Pleading of evidence is not required at the stage of preparation of petition. It has to be drawn into the court room at the time of proceedings and trial. Petition need to contain the facts, grievance and relief sought for.
Manish Singh
(Expert) 23 March 2010
Dear Mr. Rao,
i may be incorrect while understanding the word pleading of evidence but your answer does not satisfy the dilemma raised by me. i would be highly obliged if you may please provide explanation to the same.
thanking you
manish
Parveen Kr. Aggarwal
(Expert) 23 March 2010
First of all, it is to be understood that "pleadings" are different than "evidence". In civil suit or like petitions where evidence is to be adduced in support of the pleadings, the principle contained in Order 6, Rule 2 of the Code of Civil Procedure, 1908 has the applicability that evidence is not to be pleaded. But in petitions where there is no provision for adducing evidence separately, the parties have no option except to state the circumstances in their favour in the petition or the WS itself as well as to file documents making them part of the pleadings (in the form of annexures).
The principle contained in Order 6, Rule 2 of the CPC is not strictly followed in the Indian Courts for a variety of reasons.
mahendrakumar
(Expert) 24 March 2010
dear all,
how can one "plead an evidence"?
Is it not submission of evidence?
Mine is not an opinion,rather a doubt.
Parveen Kr. Aggarwal
(Expert) 24 March 2010
Any party makes submissions in the court either through pleadings(plaint, written statement, rejoinder etc.) or through evidence (oral or documentary). Evidence may be submitted (or produced) either by way of evidence or may be mentioned in the pleadings. The circumstances (or oral evidence) may be mentioned in detail in the pleadings and documents and their contents may be described in the pleadings, which can be termed as 'pleading of evidence'.
