The method of arriving at an issue by alternate allegations has been practised in the civilized
countries from earliest times. The art of pleadings apparently is as ancient as any portion of
our procedural law. In ancient India it certainly existed but not in the present form. The art of
pleading is also traceable in substantially the same form in England in the days of Henry II.
The “issue” was found in the first year of the reign of Edward II. It shows that the art of
arriving at an issue was not only practised during the reign of Edward II but had been
practised even before “for an issue had not been only the constant effect, but the professed
aim and the object of pleading”. At first the pleadings were oral. The parties actually
appeared in person in open Court and oral altercation took place in the presence of the judges.
These oral pleading were conducted either by the party himself or by a person who was an
eloquent orator and well versed in Dharma Sastras and Koran whom people generally called
Pandit and Maulvi in ancient and medieval India respectively. In English countries such
person was called narrator and advocates before the adoption of this present lawyers’
institution. The Pandits, Maulvis and narrators helped Kings and Judges in the administration
of justice in those days.
The duty of the King and the judge was to superindent i.e. to ‘moderate’ the oral contentions
conducted before him. His aim was to arrive at some specific point or matter affirmed on the
one side, and denied on the other, and accordingly the parties were said to be ‘at issue’ and
the pleadings were over. The parties, then, were ready to go before a jury if it were at issue. In
those days the judges were very strict and they never allowed more than one issue in respect
of each cause of action. When a defendant has more than one defence to the plaintiff’s claim he had to elect one out of the defences. Since the reign of Queen Victoria the parties were
allowed to raise more than a single issue, either of law or fact.
During Viva voce altercation an officer of the court was busy writing on a parchment roll an
official report of the allegation of the parties along with the act of Court which together was
called record. As the suit proceeded similar entries were made from time to time and on the
completion of the proceedings, the roll was preserved as perpetual judicial record. When each
pleader in turn started borrowing parchment roll and entered his statement thereon himself,
the oral pleading fell into disuse on the obvious defect. Later, with the development of print
machinery, paper etc. the method of drawing up the pleading on the plain paper and their
interchange between parties started and this happened probably in the reign of Edward IV.
The Judicature Act 1873 in England brought in many reforms in the realms of pleading. The
modern Indian law of pleading like any other law is based on English system. Civil pleading
is governed by the Code of Civil Procedure which lawyer has to master over for the thorough
knowledge of practice and procedure required in a civil litigation.
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