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Pleadings: A Pleading Is

The document discusses pleadings in civil lawsuits. It explains that pleadings are formal written statements filed with the court that outline the parties' positions. There are generally two types of pleadings - complaints filed by the plaintiff and answers filed by the defendant. Common pre-trial pleadings include the complaint, answer, reply, and counterclaim. The complaint frames the issues in the case, the answer explains why the plaintiff should not prevail, and a counterclaim allows the defendant to assert their own claims against the plaintiff.

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47 views

Pleadings: A Pleading Is

The document discusses pleadings in civil lawsuits. It explains that pleadings are formal written statements filed with the court that outline the parties' positions. There are generally two types of pleadings - complaints filed by the plaintiff and answers filed by the defendant. Common pre-trial pleadings include the complaint, answer, reply, and counterclaim. The complaint frames the issues in the case, the answer explains why the plaintiff should not prevail, and a counterclaim allows the defendant to assert their own claims against the plaintiff.

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Unknown
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We take content rights seriously. If you suspect this is your content, claim it here.
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A pleading is 

a formal written statement filed with the court by a party to a civil action. Pleadings can
be categorized as complaints or answers, though both have variations. A party filing a complaint is
the complaining party, while the other side is the responding party.

A lawsuit begins when the person bringing the suit files a complaint. This first step begins what
is known as the pleadings stage of the suit. Pleadings are certain formal documents filed with the
court that state the parties' basic positions. Common pre-trial pleadings include:

 Complaint (or petition or bill). Probably the most important pleading in a civil case,


since by setting out the plaintiff's version of the facts and specifying the damages, it
frames the issues of the case. It includes various counts - that is, distinct statements of the
plaintiff’s cause of action - highlighting the factual and legal basis of the suit.
 Answer. This statement by the defendant usually explains why the plaintiff should not
prevail. It may also offer additional facts, or plead an excuse.
 Reply. Any party in the case may have to file a reply, which is an answer to new
allegations raised in pleadings.
 Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has
injured the defendant in some way, and should pay damages. ("You're suing me? Well
then, I'm suing you.") It may be filed separately or as part of the answer. If a
counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a
reply.

FORMAT/SPECIMEN/DRAFT:

Bail Petition: 9(C) CNSA

FIR was registered against the petitioner that charas wheighing 1140 grams recovered from him upon
raid. Bail petition was dismissed by Sessions Court. Bail was filed before Honourable High Court on the
grounds that he was innocent, case was borderline case and the petitioner had no criminal background.

BEFORE HONOURABLE LAHORE HIGH COURT, LAHORE.

CRIMINAL MISC. NO:__________/B/2015

_, SON OF _, CASTE __, RESIDENT OF __.

Presently Confined at District Jail ___.

…..Petitioner
VERSUS

1. THE STATE

2. (COMPLAINANT) A.S.I. POLICE STATION CITY, (COMPLAINANT).

…..Respondents

F.I.R. No. : _/2015

OFFENCE U/S : 9-C (CNSA)

DATED : 29.03.2015

POLICE STATION : City.

DISTRICT : __.

BAILPETITION

UNDER SECTION 497 CR.P.C. FOR GRANT OF BAIL AFTER ARREST TO THE PETITIONER.

Respectfully Sheweth:

1. That through the instant bail petition, the petitioner seeks bail after arrest in case registered through
F.I.R No 387/2015 dated 29.03.2015, under section 9-C CNSA at Police Station City, District __.

2. That the FIR was registered on the application of the complainant/Respondent No.2/_, wherein it has
been alleged that upon raid charas weighing 1140 grams was recovered from the petitioner. Copy of
F.I.R along with better copy is appended herewith for kind perusal of this Honourable Court as Annex-A.

3. That the petitioner applied for Post Arrest Bail before Learned Sessions Judge, _, however, same was
dismissed vide order dated 19.06.2015 passed by Learned Additional Sessions Judge, _. Copies of Bail
Petition & order of dismissal dated 19.06.2015 are Annex-B & C.

4. That the FIR is an outcome of cock and bull story and the petitioner has nothing to do with the
commission of alleged offence.

5. That the petitioner has been involved falsely in the instant case, therefore, the petitioner humbly
seeks indulgence of this Honourable Court for grant of pre-arrest bail iner-alia on the following grounds:

GROUNDS
a. That the instant F.I.R is false and frivolous having no truth therein.

b. That the petitioner is totally innocent and he has nothing to do with the commission of alleged
offence.

c. That the case of the prosecution is based upon malafide.

d. That as a matter of fact nothing has been recovered fro the petitioner, the alleged recovery is planted
one.

e. That the instant case is borderline case.

f. That no private witnesses have been associated with the alleged recovery.

g. That the petitioner is behind the bar for a considerable period of time i.e. about 3 months.

h. That the petitioner is not required by the police for further investigation.

i. That the petitioner has no criminal background.

j. That if the petitioner is released on bail, there is no chance that the petitioner would tamper with
prosecution witness.

k. That there is no probability of absconsion of the petitioner if he is released on bail.

l. That in aforementioned circumstances, the instant case appears to be one of further inquiry.

m. That the petitioner is law-abiding citizen of Pakistan and never thinks to take law in his hand.

n. That there are reasonable grounds for believing that the petitioner has not committed any offence.

o. That the petitioner is ready to provide surety bond for the satisfaction of this learned court if the
post-arrest bail is granted to the petitioner.

p. That the petitioner humbly seeks to raise additional grounds at the time of the arguments.

PRAYER

In the aforementioned circumstances, it is humbly prayed that the petitioner may kindly be granted post
arrest bail.

PETITIONER
THROUGH

Zeeshan Ahmad Malik

Advocate High Court

THE LEGAL MENTORS

66/3, HAJVERY COMPLEX, 2-MOZANG ROAD, LAHORE.

Certificate:

It is certified that upon instructions of the client it is the 1st petition for bail after arrest filed before this
Honourable Court in the matter in hand.

Advocate

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