What is DPC in law?
“Drafting, Pleadings and Conveyancing” (DPC) is made as a compulsory practical subject. study forming part of the curriculum of the Law Course in India.
What do you mean by alternate and inconsistent pleading explain?
Alternative and Inconsistent Pleadings: A plaintiff may rely upon several different rights alternatively though they may be inconsistent and a defendant may also raise as many distinct and separate as also inconsistent defences as he may think proper.
What are the different types of pleadings?
Pleadings include any application, complaint, petition, protest, notice of protest, answer, motion, and any amendment or withdrawal of a pleading.
What is Facta Probanda and Facta Probantia in such type of suits?
Facta Probanda: The facts required to be proved i.e. material facts. 2. Facta Probantia: The facts by means it is to be proved i.e. particulars. Pleadings should contain a Facta Probanda and not Facta Probantia.
What is Amendment of pleading?
Amendment of pleadings is basically for the purpose of bringing about final adjudication in a suit and to avoid multiplicity of proceedings. The main object of the legislation is to enable the Court to allow amendment at any stage. The purpose of the Proviso cannot do away with the intent of the legislation.
What is drafting pleading?
The parties’ pleadings in a case define the issues to be adjudicated in the action. Drafting may be defined as synthesis of law and facts in a language form. In the United States, a complaint is the first pleading filed by a plaintiff which initiates a lawsuit.
What is inconsistent pleading?
An inconsistent pleading is one where the reliefs pleaded for cannot co-exist or stand side by side at the same time. For example, a plaintiff is seeking a relief of declaration of title by tracing his title through some documents.
When can alternative and inconsistent pleadings be allowed?
To put it another way, when there is no inconsistency on the facts and material on record, alternative or inconsistent pleas can be made in the pleading. But you cannot ask for two relief’s in alternative which are contradictory to each other.
What is pleading in Indian law?
A Pleading is a formal document in which a party to a legal proceeding (esp. a civil lawsuit) sets forth or responds to allegations, claims, denials or defenses. The term pleading is not defined in the code, but under Order VI Rule 1 is stated in the following manner: “Pleading”, shall mean plaint or written statement.
Which of the following are pleadings?
The major pleadings are the complaint, the answer, the cross-complaint, and the reply.
What is the meaning significance and difference between Facta Probanda and Facta Probantia?
The facta probanda are the facts you need to prove in order to make your case. The facta probantia are the facts which help to prove the facta probanda. For example, the Employer’s failure to make payment in terms of the contract would be fact probanda.
What is the difference between factum Probandum and factum Probans?
a) Factum Probandum refers to the ultimate fact to be proven, or the proposition to be established. Factum Probans refers to the evidentiary facts by which the factum probandum will be proved.