10General rules of pleading مقدمہ کی پلیڈنگ کے بنیادی اصول
In civil procedure code order 6 deals with pleadings in general, order 7 deals with plaint, and order 8 deals with the written statement. The following is the summary of the rules comprised in orders 6,7, and 8 of civil procedure code:
1. In pleading state your whole case, in other words set forth in pleading all material facts on which you rely for your claim or defence , as the case may be.
2. In pleading state facts and not the law, if any matter of law is set out inj your opponent’s pleading, do not plead to it.
3. In pleading state only the relevents facts on which you rely, and not the evidence by which tose facts are to be proved.
4. In pleading state material facts onlyand ommit immaterial and unnecessary facts, and do not plead to any matter which is not against you.
5.In pleading, state the facts of the case concisely, but with precision.
6. It is not necessary to setout the whole or any part of the document, unless the precise words thereof necessary, it is sufficient to state the effects of document as briefly as possible.
7. It is not necessary to allege any matter of fact which the law presumes in your favour or as to which the burden of proof lies upo your opponent party.
8. The party should not plead conclusion of law in pleading.
9. Legal pleas such as estoppel, limitation and resjudicata or res subjudice etc, may be pleaded in written statement.
10. In cases where the party pleading relies on any mis representation, fraud, breach of trust,wilful default, or undue influence , particulars shall be stated in the pleading.
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