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Description
Mogha's Law of Pleadings in India continues its bold stride in popularity for a long spell of eight decades since its first appearance in 1926. Having crossed the gateway of sixteen editions, the book remains a guide for pleadings in all conceivable types of litigations. The present edition, true to the successive ones in the past, is enriched by the latest decisions of the superior courts and has been tuned to answer the requirements of the recent statutory enactments.
Widened legislative horizon
The developments in the society and the nation have witnessed a plethora of legislation in the field of contract, economic affairs, election petition, easement, partnership, family law, sale of goods, etc. This brings us face to face with multifarious facets of pleadings. The present edition fills all these gaps by providing model drafts for the newer contingencies. In the procedural realm, provision for written arguments under sub-rule (3A) of Rule 2, Order XVIII, C.P.C. opens up a new vista. Drafts for the same add new feather to the cap of usefulness of the book to the community of lawyers. So also the provisions for amendment of pleadings under the C.P.C. (Amendment) Act, 2002.
A comprehensive guide
A host of issues baffle the lawyers, litigants and legal advisers in drafting plaints, preparing written statements, filing petitions and also writs. This book has been an indispensable guide in all situations and it seems quite logical to presume that the present edition will surely attract the same interest as before, if not more, of everyone who has to enter the portal of justice for any purpose whatsoever.
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Contents
Part I - Principles of Pleading
Chapter I. Pleadings Generally
Chapter II. Facts, not Law
Chapter III. Material Facts
Chapter IV. Facts, not Evidence
Chapter V. Form of Pleadings
Chapter VI. Particulars
Chapter VII. Alternative and Inconsistent Pleadings
Chapter VIII. Variance between Pleading and Proof
Chapter IX. Amendment of Pleadings on Direction by Court
Chapter X. Voluntary Amendment of Pleadings
Chapter XI. Frame to Suit
Chapter XII. Parties to Suit
Chapter XIII. Plaint-The Structure
Chapter XIV. Plaint-The Substantial Portion and Relief
Chapter XV. Defence
Chapter XVI. Appeals in General
Chapter XVII. Appeals, Requirements of
Chapter XVIII. Applications or Petitions
Chapter XIX. Affidavits
Chapter XX. Written arguments/Submissions
Part II - Precedents
I - Plaints in Suits arising out of Contract
Account
Account, suit on
Account Stated
Agent
Assignment
Bond
Cancellation of an Instrument
Charge
Contribution
Decree
Deposit
Dower Debt
Guarantee
Heir
Hire
Indemnity
Injunction
Interest
Judgment
Landlord and Tenant
Licence
Master and Servant
Money Suits
Mortgage
Necessaries of life
Negotiable Instruments
Partnership
Pledge
Railway and Carriers
Rectification
Rescission of Contract
Sale of Goods
Sale of land
Use and Occupation
Work
II - Plaints in Suits for Torts
Animals
Assault and Battery
Attachment
Conspiracy
Conversion of goods
Copyright
Detention of goods
Easements, wrong to
False Imprisonment
Fraud
Injunction
Legal Representative
Libel
Malicious Prosecution
Negligence
Nuisance
Sale
Seduction
Slander
Trade Mark
Trespass to Goods
Trespass on Land
III - Plaints in Others Suits
Administration
Hindu Law
Mohammedan Law
Restitution of Conjugal rights
Interpleader Suit
Partition
Declaration
Registration
Pre-emption
Minors
Trust
Defence
General Defences
Forms of Written Statements of Defendants in the following Suits
Defence in suits on contract
Defence in Suits on Torts
Defence in Other Suits
Memo of Appeals
Miscellaneous Applications
Application under C.P.C.
Caveats
Application under Guardians and Wards Act
Applications under Indian Succession Act
Applications under Insolvency Act
Applications under Transfer of Property Act
Applications under the Arbitration and Reconciliation Act, 1996
Petitions under Indian Divorce Act
Petitions under Hindu Marriage Act
Applications under Motor Vehicles Act, 1988
Application under Land Acquisition Act
Part III - Writs
Part IV - Election Petitions
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Contents
P.C. Mogha, B.A., LL.B.
Former Chief Justice Vindhya Pradesh, Rewa, Law and Revenue Minister, Jammu and Kashmir State, formerly Legal Remembrancer and Secretary to Government, U.P. Judicial and Legislative Departments, Government Conveyancer, Member of the U.P. Legislative Council, and Member of the faculty of Law of the Agra University and Author of the Law of Pleadings in India.
Thirteenth Edition Edited by
M.C. Agarwal, Former Judge, Allahabad High Court
G.C. Mogha, Former District and Sessions Judge
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