Thursday, 19 October 2017

Whether it is necessary to plead a fact which is within special knowledge of defendant?

 Furthermore a fact which is within the special knowledge of the defendant need not be pleaded in the plaint. In Punit Rai v. Dinesh Chaudhary MANU/SC/0608/2003 : AIR2003SC4355 , it is stated:
"...These are the material facts relating to the plea raised by the appellant that the respondent is not a Scheduled caste. We don't think if the respondent means to say that the petitioner should have stated in the petition that the respondent is not born of Deo Kumari Devi said to be married to Bhagwan Singh in village Adai. If at all these facts would be in the special knowledge of respondent, Bhagwan Singh and Deo Kumari Devi hence not required to be pleaded in the election petition. It is not possible as Well. In this connection, a reference may be made to a decision of this Court in Balwan Singh v. Lakshmi Nrain and Ors. MANU/SC/0192/1960 : [1960]3SCR91 . This case also relates to election matter and it was held that facts which are in the special knowledge of the other party could not be pleaded by the election petitioner. It was found that particulars of the arrangement of hiring or procuring a vehicle would never be in the knowledge of the petitioner, such facts need not and cannot be pleaded in the petition.

Civil Appeal Nos. 5665 and 5666 of 2002

Decided On: 20.11.2003

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and Anr.

Hon'ble Judges/Coram:
V.N. Khare, C.J. and S.B. Sinha, J.
Citation:(2004) 9 SCC 512.
Read full judgment here: Click here
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