Meaning of Pleading.

Pleadings are the backbone of a litigation. The Code defines the 'pleading' as meaning a 'plaint' or 'written statements' (Order 6. Rule 1). Pleadings are statements of the parties in writing setting out their contentions of claims or counter claims. Further, according to Sri P.C. Mogha, "pleadings are statements written, drawn up and filed by each party to a case, stating as to what his contention will be at the trail and giving all such details, so that the opposite party may know what case he has to meet or what is the reply to his case." Pleadings are written statements filed by each party to a case. They give all such details as his opponent needs in order to prepare as his case. Order 6 of the Code of Civil Procedure deals with Pleadings generally. The word 'pleading' has been defined in Rule 1 of the said Order as meaning a plaint or written statement. Thus, in India, as a rule, there are only two pleadings in a suit, namely, 1. A plaint, 2. A written statement.

Plaint is the private memorial tendered to a Court in which the plaintiff sets forth his cause of action, so it is the exhibition of an action in writing. It corresponds to the statement of claim in English law, and its object is to state the grounds upon which the plaintiff seeks the assistance of the Court to grant him relief. Thus, it is clear that a plaint is a written statement in which the plaintiff sets out his cause of action with all its necessary particulars. In other words plaint is the evidence of the suit, Diwan Bros. v/s. Central Bank of India, AIR 1976 SC 1503. An application to sue as a pauper is not a pleading in as much as it becomes a plaint only after it is granted.

A written statement is the pleading of the defendant in which he deals with every material fact alleged by the plaintiff in the plaint and also states any new facts which tell in his favor together with the legal pleas on which he relies. The written statement must be filed by the defendant personally or on his behalf by a third person on behalf of the defendant is not sanctioned by the Code.

Thus, all persons may join in one suit as plaintiffs in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions as alleged to exist, whether jointly, severally or in the question of law or fact would arise. In the same way all persons may join as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transaction, where if separate suits were brought against such persons any common question of law or fact would arise. A defendant's pleading is the written statement . A plantiff's pleading may be either a plaint or a written statement. Thus, where the defendant in his written statement pleads a set-off, the plaintiff can file a written statement in answer thereto, under Order 8, Rule 8, C.P.C. Rule 8 says that any ground of defence which has arisen after the institution of the suit or the presentation of a written statement claiming a set-off of counter claim be raised by the defendant or plaintiff, as the case may be, in his written statement. Similarly, there are cases in which the defendant, after having filed his written statement, may with the leave of the court file an additional written statement. The written statement filed by the plaintiff or the additional statement filed by the defendant are called "supplemental pleadings."