CHAPTER 2
PROCEEDINGS OF THE SUIT.
71.
Submission of Pleadings:(1) At the first sitting for hearing the suit or at any time subsequent thereto to which the
proceedings are adjourned, the Court shall examine the parties who appear, in order
to ascertain upon what questions of law or fact the parties are at dispute.
(2) The Court may, instead of examining the parties, order them to submit written
pleadings.
(3) “Pleading” referred to in sub-section (2) means plaint or written statement of claim or
defense.
72.
Contents of Pleadings:(1) Every Pleading shall contain the following:(a) material facts and not law;
(b) material facts only in a concise form;
(c) material facts and not the evidence by which they are to be proved;
(d) dates, sums and numbers expressed in figures;
(e) signature of the party or his authorized agent or his advocate.
(2) Every plaint shall be divided into paragraphs, and numbered consecutively.
73.
Contents of Written Statement of Defence:(1) The written statement of defence shall contain the following:(a) all grounds of defence;
(b) specific admission or denial of each ground alleged by the plaintiff, except
amount of damages.
(2) Every allegation of fact in the plaint, if not denied specifically or by necessary
implication or stated to be not admitted in the pleading of the defendant, shall be
taken to be admitted except as against a person under disability; provided that the
Court may require any allegation of fact not specifically denied to be established by
any other mode of proof.
74.
Further and Better Statement or Particulars:A further and better statement of the nature of a claim or defence or further and better
particulars of any matter stated in any pleading, may be ordered by the Court on
application of the parties and upon such terms as it thinks fit.
75.
Striking out or Amendment of Pleadings:The Court may at any stage of the proceedings order to be struck out or amended any
matter in any pleadings which may be unnecessary, or which may tend to prejudice or
delay the trial of the suit.
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