Written pleadings are fundamental in a civil action, serving as the essential tool to organize the case and ensure a fair process.
Their primary objective is to facilitate the trial by clarifying the points at issue, enabling the court to determine the appropriate relief based on findings of law and fact.
Equally crucial, they provide each party with prior notice of the opponent’s case, eliminating surprise and fostering fair play for the administration of justice.
As Sir Grimwood Mears, former Chief Justice of the Allahabad High Court, advised junior lawyers, the “knowledge of the science of pleading is the essential equipment” for any successful professional, while its ignorance is a “daily impediment.”
Therefore, a lawyer must diligently ascertain facts, gather evidence, and research the applicable law before drafting a pleading, which itself must be clear, cogent, and set out all material facts supporting the cause of action.
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