Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2 -- Amendment of written statement - A substituted legal representative can neither entirely disown the written statement filed by his predecessor nor can upturn the earlier stand by bringing in entirely a new case...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Amendment of written statement - Suit for injunction - Entire defence of deceased defendant was based on possession - If amendment sought by substituted defendant is allowed, it would amount to challenging even the title - Amendment cannot be allowed - Order calls for no..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 2 -- Proof beyond pleadings - Witness already examined - Plea to be raised at the time of final arguments and trial Court essentially has to consider these aspects...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 14, 15, Civil Procedure Code, 1908, Order 3, Rule 2, Power of Attorney Act, 1882, Section 1A, 2 -- Power of attorney - Pleadings - Power of Attorney is an authorized person through whom pleadings can be duly made and verified under the procedure contained in the Code of Civil Procedure...........
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...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he appeared as his own witness -..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Concise form - Facts and not evidence required to be pleaded - In the present case, plaintiff while filing suit had disclosed relationship and had also challenged the sale deeds - It was further pleaded that defendant has grabbed property by illegal means - Held, such pleadings are sufficient...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Absence of pleadings - Bona fide purchasers - Suit for specific performance - Defendant Nos. 2 and 3 neither pleaded that they are bona fide purchasers nor they have led any evidence in this regard - Since there was no pleadings, therefore, no issue was framed by trial Court on this aspect - Plaintiff was not required to prove..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - Proof beyond pleadings not admissible...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence has to be in consonance with the pleadings and not vice versa...........
