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Showing posts with label pleading. Show all posts
Showing posts with label pleading. Show all posts
Sunday, 12 April 2026

Pleadings-First Doctrine: Supreme Court Clarifies Mandatory Scrutiny of Pleadings before Allowing Additional Evidence under Order XLI Rule 27 CPC

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In the application preferred Under Order XLI Rule 27(1) of the Code, the Defendant stated that he got the information that there was no such...
Sunday, 16 November 2025

After the SRA 16(c) Amendment: Why Pleading Readiness Still Matters

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 The amendment to Section 16(c) of the Specific Relief Act, 1963, brought significant changes to the language concerning the plaintiff’s obl...
Thursday, 7 September 2023

Whether Statutory Provision Can Be Declared Ultra Vires Without A Specific Challenge In Pleadings?

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While hearing learned counsels appearing for the parties, we asked Shri B.H.  Marlapalle, learned senior counsel along with Shri Shibashish ...
Saturday, 14 January 2023

Whether it is necessary to file pleadings, issues and judgment of previous suit to prove the plea of res judicata?

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 The rule of res judicata does not strike at the root of the jurisdiction of the court trying the subsequent suit. It is a rule of estoppel ...
Thursday, 13 October 2022

Whether the court should reject the plaint if there is no specific pleading regarding fraud?

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7.7  Even the averments and allegations with respect to knowledge of  the plaintiffs averred in paragraph 19 can be said to be too vague.  N...
Sunday, 18 September 2022

Important Provisions of CPC(Part 4 ) ( O 6 to O 8 of CPC)

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  ORDER VI Pleadings Generally 1. Pleading .—“Pleading” shall mean plaint or written statement. 344 [ 2. Pleading to state material facts an...
Sunday, 7 August 2022

Whether the court can grant a relief for which no prayer or pleading was made?

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 Issue II 15. Coming to address the second issue, while this Court is not apathetic to the predicament of the Respondent grandparents, it is...
Saturday, 25 December 2021

Whether the court would pass judgment on admission if the defendant fails to plead the date on which his adverse possession commenced?

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   With regard to what are the necessary pleadings in a case where title through adverse possession is claimed, either as a shield or as a s...

Whether court should pass judgment on admission if defence of defendant is moonshine?

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  The Division Bench of this court in  P.P.A. Impex Pvt. Ltd.  (supra) after reference to  T. Arivandandam  v.  T.V. Satyapal  (1977) 4 SCC ...
Saturday, 2 October 2021

Is a right created in a party by any observation of court made without pleading and evidence?

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  Shri Sawant emphasises that on 16.04.2012, this Court did observe in its docket proceedings that both the brothers  contributed the sale c...
Monday, 12 October 2020

Whether the court can convict wife for defamatory pleadings made by her against the husband in matrimonial proceeding?

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Learned Amicus Curiae for the respondent/complainant in Criminal Revision Petition No. 152/2014, in her argument stating that the pleadings ...
Sunday, 31 May 2020

Whether the court frame issues on vague pleadings?

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The proceedings in a civil suit are governed by the procedure laid down in the CPC and which provides for pleadings by the adversarial par...
Sunday, 26 April 2020

Supreme Court: Necessary ingredients for proof of dissolution of Muslim marriage by Khula

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From the discussion aforesaid, what we find is that 'Khula' is a mode of dissolution of marriage when the wife does not want to co...
Friday, 3 April 2020

Whether landlord can claim rent towards lock-in period without pleading that he has sustained loss due to premature vacation of premises?

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The reason why I state that the suit as per averments in the plaint itself was not maintainable and should not have been entertained is,...
Thursday, 2 April 2020

Whether a party can claim exemption from law of limitation in absence of pleading and proof as per O 7 R 6 of CPC?

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The provisions of Sections 4 to 20 of limitation Act are exceptions when suit beyond the period of limitation as prescribed in the Schedul...
Tuesday, 31 March 2020

What material facts are to be pleaded by a party claiming property to be joint family property?

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I may note that the requirement of pleading in a clear cut manner as to how the HUF and its properties exist i.e. whether because of pre 1...
Saturday, 25 January 2020

Whether illiterate lady is entitled to get benefit of Pardanashin lady in absence of pleading?

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The Plaintiff-first Respondent filed a Suit No. 155 of 1996 before the Civil Judge (J.D.), Roorkee. A copy of the plaint has been placed ...
Saturday, 11 January 2020

Whether court can allow production of document in absence of pleading in respect of that document?

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 Indisputably, the assertion regarding transaction covered by sale deed dated 06.01.2006, executed by Vimal Kumar, was not on record of th...
Wednesday, 1 January 2020

Whether it is necessary to file pleadings of previous suit for proving bar of O 2 R 2 of CPC?

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Regarding the plea on the basis of Order 2 Rule 2 CPC it need only be noticed that Hon'ble Supreme Court in Gurbux Singh v. Bhooral...
Tuesday, 31 December 2019

What is distinction between pleading under CPC,Writ Petition and counter Affidavit?

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It is necessary to make a mention at this juncture about the manner  in which a petition for anticipatory bail has to be drafted.   In a...