What is Pleading & Its Procedure

What is Pleading and Its Procedure, Method of Amendment Provided IN Code of Civil Procedure, 1908 Further Distinguish The Order VI Rule 16 & 17

What is Pleading?

The countries which follow the English models law practice in which the pleading known as a formal written statement of a party’s claims or defenses to another party’s claims in a civil action.

And if we talking about the pleading as the context of Civil Procedure Law which is describe in Order VI Rule-1 the “Pleading” shall remain plaint or written statement.

The Pleading In Civil Procedure Of Parties Understood Through Below Mention Procedure

Procedure and Method of Amendment:-

Procedure to amendment in pleading or any terms which are necessary for the purpose of determine the facts therefore the parties upon the Court permission may amend their plaints or etc the concern rule and section of Civil Procedure Code mention below

Order VI Rule 17 Amendment of pleadings

The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties

Section 153 General Power To Amend

The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

Order VI Rule 16 power to parties to amend their plain in due permission of court for determine the actual facts of the case and other hand Section 153 is the power of the court to amend their procedure which he think fit and necessary to avoid any kind of defect or error in proceeding.

Distinguish The Order Vi Rule 16 And 17:-

Order VI Rule 16 –Striking out pleadings

The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the suit

Order VI Rule 17 -Amendment of pleadings

The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

Distinguish The Order Vi Rule 16 And 17

The Order VI Rule 16 empower the court to striking out or amend any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the suit.

In other hand the Order VI Rule 17 empowers the court to allow the parties to alter or amend their pleading in any stage which may the necessary for determine the actual facts of the matter.

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