All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
80.

As per Order VI, Pleading shall mean?

A: Plaint
B: Written Statement
C: Both Plaint and Written Statement
D: None of these

The answer is: C

Explanation

The correct option is C: Both Plaint and Written Statement.

As per Order VI, Rule 1 of the Civil Procedure Code, 1908, "Pleading" shall mean plaint or written statement.

A plaint is a statement of claim in which the plaintiff sets out his cause of action with all the necessary details and particulars. A written statement is a defence in which the defendant deals with every material fact alleged by the plaintiff and also raises any counter-claim or set-off. Pleadings are statements in writing delivered by each party alternatively to his opponent stating what his contention will be at the trial and giving all such details as his opponent needs to know in order to prepare his case or answer. Pleadings are essential to define and narrow down the issues in dispute and to avoid surprise and confusion at the trial.