PLEADINGS

(Submission to Partial Fulfillment of Project Report)

Submitted To:

MEETA MOHINI

Faculty of Law

Submitted By:

Akhil Kumar Goyal

B.B.A. LL.B (HONS.) Student

Semester V, Section – B, Roll No: 1809

CHANAKYA NATIONAL LAW UNIVERSITY

Mithapur , Patna 800001

Date of submission: 10-06-2019

INTRODUCTION

The term pleading refers to documents that are filed with a court, but not just any document
may be filed. Only those that conform to the rules of civil procedure and that serve a particular
purpose in accordance with those rules will be accepted by the court. Thus, the form a pleading
takes has an effect on the progress of the litigation. Specifically, pleadings help to frame a law
suit. That is they specify what gave rise to the case and what the litigation will be about, the
law that will help to resolve it, and the terms on which the parties believe it should be resolved.
So pleadings form the most important part of any law suit and therefore, it is necessary that a
law student is thorough with rules regarding pleadings.

OBJECT OF STUDY:

The sole purpose of carrying out this study is to acquire in- depth knowledge about pleadings
in a law suit as it is the foundation of a legal suit and without it, no suit can progress.

HYPOTHESIS/ RESEARCH QUESTIONS:

What are the relevant sections relating to pleadings in the Civil Procedure Code?

What are the important principles that the judiciary has set out in relation to pleadings?

How the rules on pleadings in India differ or resemble to that in U.S.A and U.K.?

What can be changed in the existing law to ensure more efficient outcomes?

LIMITATIONS OF RESEARCH:

The research has been carried out using the best possible ways and all authentic sources have
been referred to, so as far as content of our study is concerned, its validity or authenticity cannot
be disputed. The only constraint is that all that has been included in research is extracted from
works of other scholars and no primary research has been carried out for the study.

TENTATIVE CHAPTERISATION

The first introductory chapter begins with the evolution of pleadings and its historical origin.
It dwells upon the way Criminal Procedure Code got introduced in India through the British
during their rule and the way the code went through its various amendments till its current
form. The chapter also covers the scope of study and the issues that would be discussed as
part of the study.

The second chapter discusses about the research methodology in detail and even entails the
objective of the study and various limitations faced in the making of this project.

The third chapter deals with legal analysis whereby the researchers have discussed in detail
the current scenario of the situation prevailing in India. Moreover, various relevant legal and
criminal bodies have been discussed to have an in depth analysis. Furthermore, the
researchers have had a thorough study of the various criminal provisions which are discussed
in Code of Civil Procedure, 1908.

The fourth chapter specifically deals with the Role of judiciary which covers the important
legal provisions set out by the judiciary and various landmark cases have also been discussed
to have an in-depth knowledge about the topic.

The fifth chapter does a comparative study about the rules and procedures which are related to
pleadings in various countries. Moreover, distinction between pleadings under CPC, writ
petition, and counter affidavit has also been laid down.

The sixth chapter briefly summarizes the entire project topic and lays down the various
suggestions to overcome the challenges faced.