Pleadings

In: Business and Management

Submitted By TriciaPalileo
Words 1363
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Pleadings – are the written statements of the respective claims and the defences of the parties submitted to the court for appropriate judgement.
Reply-Plaintiff
Kinds of Pleadings 1. Complaint 2. Counterclaim 3. Cross-claim 4. Third, fourth etc.-party complaint 5. Complaint-in-intervention 6. Answer to the pleading 7. Counter-counter claim 8. Counter-cross claim 9. Reply

Pleadings includes all papers filed, excluding evidentiary matters, from the complaint down to the judgement. DOCUMENTS ATTACHED to the pleadings and made a part thereof are considered EVIDENCE and also part of the pleadings.
COMPLAINT – The complaint is the pleading alleging the plaintiff’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.
ANSWER – An answer in a pleading in which a defending party sets forth his defenses.
DEFENSES – May either be Negative or Affirmative (a) A NEGATIVE DEFENSE is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. (b) An AFFIRMATIVE DEFENSE is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. The affirmative defences include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance.
COUNTERCLAIM – Any claim which a defending party may have against an opposing party.
COMPULSORY COUNTERCLAIM – Being cognizable by the regular courts of justice, arises out of or connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and does not require for its adjudication the…...

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