Pleading refers to the formal written statements filed by parties in a civil lawsuit that outline their positions. The document discusses the history and purpose of pleading in India, which originated from British common law but was also influenced by ancient Hindu and Muslim systems. It describes the key functions and objectives of pleading as bringing parties to a definite issue, preventing surprise, avoiding unnecessary expense, saving public time, eradicating irrelevancy, and assisting the court by precisely defining the matters in dispute. Pleading aims to narrow the scope of a trial and clarify the points of agreement and disagreement between parties.

1. DRAFTING, PLEADING AND
CONYEYANCING
INTRODUCTION OF PLEADING ALONG
WITH FUNCTIONS AND OBJECTS OF
PLEADING
BY ARUNDHATI BANERJEE

2. MEANING AND DEFINITION OF
PLEADING
The term “pleading” has been defined by various jurists as under –
1. According to Halsbury’s Laws of England, “A “pleading” is used in civil
cases to denote a document in which a party to a proceeding in a
court of first instance is required by law to formulate in writing his
case or part of his case in preparation for the hearing.”
2. According to P
.C.Moga, “Pleadings are statements in writing drawn
yup and filed by each party to a case, stating what his contentions
will be at the trial and giving all such details as his opponent needs to
know in order to prepare his case in answer.”
3. According to Order VI Rule 1 of Civil Procedure Code, “Pleading
means plaint or a written statement.”

3. HISTORY OF PLEADING
It is to be noted that the system of pleadings as it operates today
in India is a legacy of the British Rule. But at the same time it is also
clear that the modern English rules of pleading were
fundamentally anticipated by the ancient Hindu System. Similarly,
there were specific rules of pleading in the Muslim period. But
these rules were less strict and were free from technicalities of
forms and were subordinated to the end of receiving substantial
justice. These rules were gradually superseded by the English Rules
and the Civil Procedure Code, 1908.

4. FUNCTIONS AND OBJECT OF PLEADING
The whole object of pleading is to bring the parties to an issue
and the meaning of the rules of pleading was to present the
issue being enlarged, which would prevent either party from
knowing when the cause came on for trial what the real point to
be discussed and decided was. In fact, the whole meaning of
system is to narrow the parties to definite issues, and thereby to
diminish expense and delay, especially as regards the amount of
testimony required on either side at the hearing.

5. PRINICPAL OBJECTS
According to Buleen and Leake the principal objects are as
follows –
1. To bring the parties to definite issues – The sole function of
pleading is to ascertain with precision the matters on which
the parties ‘differ’ and the points to which they ‘agree’ so as
to bring them to certain definite issues. The object of
pleading is to bring parties to a trial by concentrating their
attention on the matter in dispute so as to narrow the
controversy to precise issues.
2. To prevent surprise and miscarriage of justice – A party is
under an obligation to so state his case that his opponent will
not be taken by surprise.

6. PRINCIPAL OBJECTS
CONTINUED…
3. To avoid unnecessary expense and trouble – The sole object of
every system of pleading is tat each side may be fully alive to
questions that are about to be argued, in order that they may
have an opportunity of bringing forward such evidence as
may be appropriate to the issues.
4. To save public time – The pleading go a long way to diminish
delay especially as regards the amount of testimony required
on either side at the hearing and a very large amount of
public time is saved in the disposal of the cases with a
corresponding benefit to litigants.

7. PRINICIPAL OBJECTS
CONTINUED…
5. To eradicate irrelevancy – One of the chief objects of
pleading is to eradicate irrelevancy and to isolate the issues
which happens to be in dispute.
6. To assist the Court – The functions of a pleading is not
simply for the benefit of the parties, but also and perhaps,
primarily for the assistance of the Court by defining with
precision the area beyond which, without the leave of the
Court and consequential amendments of the pleadings, the
conflicts must not be allowed to extend.

8. CONCLUSION
It can rightly be concluded that, “The principal objects of
pleading are
1. To define issues of fact and questions of law to be
decided between the parties
2. To give to each of them distinct notice of the case
intended to be set up by the other, and then to present
either party from being taken by surprise at the trial
3. To provide a brief summary of the case of each party,
which is readily

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