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order 6
ordr6 rule 1
pleading refers to PLAINT (plaint is pleading of plantiff) or WRITTEN
STATEMENT(is pleading of the defendent).
importance of pleading.
GANESH TRADING CO. v . MOJI RAM 1978
VIRENDRA KASHINATH v, VINAYAK N. Joshi1999
RULE 2
is carinal principle which give fundamental principles of pleading:
1 pleading must state facts . and not law
2facta probanda, material facts on which party relies must be stated in pleading of
party
3 facta probantia, evidence which is essential for proving the material facts and
should not be included in pleading.
BORRODAILE V. HUNTER
RULE 3
appendix A (format of pleading)
RULE4
it can work a exception to rule to 2 or can be looked upon as extension also.
it says necessary detail and particular must br stated where necessary like, fraud
defamaion, breach of trust, misconduct, negligence, and likely crimes to prevent
the oppsite party being taken by surprise at trial.
01-10-2020
RIGHT