THE LEGITIMACY AND JUSTIFICATION OF PLEADINGS IN CIVIL SUITS WITH SPECIAL REFERENCE TO BANGLADESH: A LEGAL APPRAISAL
MD. SHAHIDUL ISLAM *
Department of Law and Justice, Bangladesh Army University of Engineering and Technology, Qadirabad, Natore, Bangladesh.
*Author to whom correspondence should be addressed.
Abstract
Pleading is that the starting stage of a suit within which parties formally submits their truthful claims and defenses. The litigator submits a grievance stating the reason for cause of action -- the permanent record or problems in their respective matters. The litigant submits a solution to the competent Court stating his or her defenses and denials. The litigant may additionally submit a counterclaim explains a reason for action against the litigator. Pleadings serve a crucial operate of providing notice to the litigant that a suit has been instituted regarding a particular controversies. It additionally provides notice to the litigator of the defendant's intentions with reference to the suit which indicate burden of proof.
Long-standing common law rules of pleading were difficult and rigorous. In Pleadings parties are usually entitled to evidence thrown out of the Court for technical flaws in trial. Today, in most if not all states, a pleading should now not adjust to archaic formats, however is also a straightforward petition or grievance setting forth the relevant facts and inquiring for a remedy.
Keywords: Litigator, cause of action, pleadings, rigorous