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prof s c pratihar (medical practitioner &legal studies)     07 October 2008

facts and not law

dear members,,

                the first principle of pleadings is that they should state only facts and not law.it is the duties of the parties  to state only the facts on which they rely upon for their claims.it is for the court to apply the law to the facts pleaded. this bar in CPC  is for whose benefit, plaintiff or defendent?what great harm will be caused if proof or evidence is givenin each para of pleadings?does it need a change for speedy justice?



Learning

 3 Replies

K.C.Suresh (Advocate)     08 October 2008

You are right Mr. Prof. I think now the law is also included in all pleadings for substantiating the case. The civil jurisprudence has taken a deviation from the customery standared due to various pronouncments of courts in a slow pace 

K.C.Suresh (Advocate)     08 October 2008

You are right Mr. Prof. I think now the law is also included in all pleadings for substantiating the case. The civil jurisprudence has taken a deviation from the customery standared due to various pronouncments of courts in a slow pace 

Ajay kumar singh (Advocate)     08 October 2008

One more principle of pleadings is that pleadings should be concise.Evidence is not to be disclosed so that it may not be tampered or destroyed by the rival party.So far law is concerned,we need not teach the courts.Courts are supposed to have full knowledge of every law.

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