Tuesday, 3 July 2018

Whether relief can be granted to a party without pleading?

 The last contention of the learned counsel for the appellant is in relation to
application of Section 53A of the T.P Act. It is well settled that the defendant who
intends to avail the benefit of this provision must plead that he has taken
possession of the property in part performance of the contract. Perusal of the
written statement of the first defendant shows that he has not raised such a plea.
Pleadings are meant to give to each side, intimation of the case of the other, so that,
it may be met to enable courts to determine what is really at issue between the
parties. No relief can be granted to a party without the pleadings. Therefore, it is
not open for the first defendant/appellant to claim the benefit available under
Section 53A of the T.P. Act.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5415 OF 2011

SHYAM NARAYAN PRASAD Vs KRISHNA PRASAD AND ORS.


S.ABDUL NAZEER, J.
Dated:July 02, 2018.
Read full judgment here: Click here

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