Question

Pleading means

• A. Plaint and written statement
• B. Plaint only
• C. Written statement
• D. Oral statement by the pleader

Hint:

A simple way to remember is: Plaintiff files a Plaint. Defendant files a Defence (in a Written Statement). Both are Pleadings.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Pleadings are the formal written statements filed by the parties in a civil suit, setting out their respective claims and defenses. The Code of Civil Procedure provides a concise definition.

Step 2: Detailed Explanation:
Order VI of the Code of Civil Procedure, 1908, deals with "Pleadings Generally".
Rule 1 of Order VI provides the definition:
"'Pleading' shall mean plaint or written statement."
- The plaint is the pleading filed by the plaintiff to initiate the suit, stating their cause of action and the relief claimed.
- The written statement is the pleading filed by the defendant in reply to the plaint, stating their defense.
Together, these two documents constitute the pleadings in a suit.

Step 3: Final Answer:
"Pleading" means both the plaint filed by the plaintiff and the written statement filed by the defendant.