Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence beyond pleadings - Not to be taken on record and if it is taken then it is to be ignored...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Customary divorce - Custom which stands as an exception to general law of divorce assumes form of a material fact, as it constitutes cause of action and therefore, it is required to be pleaded specifically and also established by party propounding it...........
Agreement to sell -- Specific performance - Readiness and willingness - Pleading and proof - Requirement of necessary averment in plaint - Mere want of objection by defendant in written statement is hardly of any effect or consequence...........
Agreement to sell -- Specific performance - Readiness and willingness - Pleading and proof - Not even a remote suggestion in plaint averments that plaintiff had performed or has always been ready and willing to perform his part of the contract - Testimony of plaintiff lacking in material assertions of readiness and willingness on his part, which is essential for grant of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleading - Any amount of evidence adduced without a foundation in pleading is of no avail...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleading and proof - Parties to suit cannot be permitted to travel beyond pleadings, as civil suits are decided on the basis of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Custom - Pleading and proof - Customs when pleaded are mostly at variance with general law as such they should be strictly proved...........
Hindu Adoptions and Maintenance Act, 1956, Section 10, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Customary adoption - Pleading and proof - Custom of adoption of married sons in community of appellant - Appellant failed to plead in his written statement about existence of any custom as such - Parties to a suit are always governed by their pleadings - Any amount of..........
Malicious prosecution -- Plea to be specific and particular - No specific allegation against any particular person neither any person is made party to the petition - Adequate pleading and proof qua party against whom mala fide alleged sine qua non for consideration of question of malice in fact...........
Succession Act, 1925, Section 263 -- Will - Revocation of probate - Just cause - Bald allegations made by plaintiff that grant of probate was obtained by fraud - Particulars of fraud neither pleaded nor proved by party alleging fraud before District Court - Mere bald pleading will not help plaintiff in the absence of proof - Moreover, Will remained unquestioned till filing..........
