Pleadings
1 Legal Principle - Material facts - A failure to disclose a single material fact, may render the Plaint liable to be rejected:
2 Legal Principle - Material facts - shortcoming in Pleadings may be cured by Amending the Plaint:
3 Legal Principle – Application for Amendment of Plaint have to be decided first - before deciding Application for rejection of Plaint on grounds of failure to disclose Cause of action:
4 Legal Principle - Relief claimed are ambiguous - not a bar to passing of decree:
5 Legal Principle - Pleadings qua the adversary equally imposes significant obligations - failure to deal effectively may amount to admission of fact:
6 Legal Principle - Material facts - Issues cannot be framed from vague and bald assertion of facts:
7 Legal Principle - Challenge to maintainability of Suit - specific averments as to how and in what circumstances it is not maintainable:
8 Legal Principle - Material facts - Allegation of fraud, undue influence, misrepresentation, negligence, coercion - must be set forth in full particulars and not vaguely:
9 Legal Principle - Evidence cannot be led on such facts which are not pleaded:
10 Legal Principle - Adverse inference may be drawn if Evidence not consonance with Pleadings:
11 Legal Principle - Facts and Evidence - distinction between:
12 Legal Principle - Importance of Pleadings – False Pleadings - bounden duty and obligation of trial judge to carefully scrutinize, check and verify pleadings and the documents filed by the parties:
13 Legal Principle - Allegation of non compliance to particular statutory provision or rule – detail particular must be stated:
14 Legal Principle - Actual language of the statute is not required in the Pleadings:
15 Legal Principle - Maintainability of the Suit is based on the reliefs claimed by the Party:
16 Legal Principle - While deciding the question of law, the Court is not restricted by pleadings:
17 Legal Principle - New facts may be elicited by means of Interrogatories, discovery, inspection - Can be incorporated by Amending the Plaint:
18 Legal Principle – Pleadings of both sides can be looked into under O.XIV Rule 2(2) of CPC, 1908, to see whether court has jurisdiction:
19 Legal Principle - Material facts - Assertion of any fact must have legal basis:
20 Parties are permitted to assert alternative Pleas provided they Are not contradictory to each other.
21 Merely stating Fraud in the pleading is not sufficient; the particulars about Fraud have to be pleaded.
22 A Lawyer who signs the Petition containing derogatory remarks against Judiciary, may also be held liable for Contempt of the Court.
23 The Advocates must ensure that Pleadings filed before Court, makes sense of the matter.
24 In a Suit for recovery of Possession and Declaration of title, the Plaintiff can take the plea of Adverse possession.
25 A Relief cannot be granted which is not prayed for, nor adequately pleaded.
26 Order 6 Rule 4 of CPC cannot be resorted to amend Pleadings / Written statement.
27 A party is entitled to take alternative pleas in support of its case. The Plaintiff is entitled to plead even inconsistent pleas while seeking alternative reliefs.
28 Rejoinders do not constitute pleadings; and Evidence cannot be led on the basis of facts asserted in the Rejoinder. Such facts must form part of Plaint / WS.
29 Vague and general allegations devoid of material facts and particulars, do not constitute a valid Cause of action.