Judicial Dictionary - P
Judicial Dictionary
Legislative Dictionary
Pleading
| Category | P |
|---|---|
| Title | Pleading |
| Details | Pleading is a statement in legal and logical form stating something on behalf of a party to a legal proceeding. In wider sense, pleading covers every legal document filed in a lawsuit, petition, motion and/or hearing, including complaint, petition, answer, demurrer, motion, declaration and memorandum of points and authorities (written argument citing precedents and statutes).
“Pleading” shall mean plaint or written statement. [Ord. VI r. 1 of the Code of Civil Procedure, 1908] Amendment of the pleading is discretionary with the Court and ought to be allowed in case of bonafide mistake even when the suit is barred by limitation. [Mst. Daulan vs. Dossea (1956) 8 DLR (WP) 77] The rule of pleadings when fraud is charged requires the particulars of fraud to be specifically stated. The mere general allegations are insufficient and the charge of fraud must be substantially proved and when one kind of fraud is charged another cannot, on failure of proof be established for it. [Jabed Ali Sarkar vs. Dr. Sultan Ahmed (1975) 27 DLR (AD) 78] |
| Created On | May 2, 2011, 5:32 AM |
| Hits | 632 |