Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - To be read in its entirety and as a whole to ascertain its true import - It is not permissible to cull out a sentence or a passage and to read it out of context in isolation - Pleading has to be constructed as it stands without any addition, substraction or change of its apparent grammatical sense...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Eviction of tenant - Objection with regard to applicability of rent act - When petition was first withdrawn on non applicability of rent act, tenant had no objection in the event of fresh civil suit being filed and has not raised any specific plea that demised premises as per provision of S. 1(3)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in plaint - Trial has already commenced and suit was decided against petitioners - The facts have been noticed and the question of due diligence does not arise as parties were well aware of their rights inter se themselves - Amendment would change the very nature of the controversy and issues would have to be recast..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of maintenance more than demand - There is no such restriction in the provision - It is duty of Magistrate to award maintenance which is reasonable - Proceedings u/s 125 Cr.P.C. are summary proceedings and strict law of pleading is not applicable...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Tenant pleaded that building in question was given on lease for manufacturing purposes and he was carrying the business of garment manufacturing, thus tenancy was terminable with a six months prior notice - Plea rejected as neither in the pleading nor in the evidence produced by tenant before Court below,..........
Civil Procedure Code, 1908, Order 23, Rule 1, East Punjab urban Rent Restriction Act, 1948, Section 13(3)(a)(i), Order 23, Rule 1 - - Eviction petition - Withdrawal at appellate stage - Eviction petition on ground of personal necessity - Non pleading of mandatory requirement that landlord is not occupying residential building in the area concerned and that he has not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false criminal case - Absence of pleading - Criminal complaint filed by wife after filing of divorce petition by husband - It is a subsequent event which can be looked into by Court - Moreover, parties were fully aware of this facet of cruelty which was allegedly suffered by husband - Plea of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at appellate stage - Suit for specific performance dismissed due to lack of pleading of readiness and willingness - Amendment of plaint sought at appellate stage to insert readiness and willingness - Said lacuna cannot be filled by plaintiff by making application U.O.6.R.17 CPC - If amendment is..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Valuation of suit - Material facts are required to be pleaded on which party pleading relies for his claim - Averments made in plaint and relief sought are relevant for considering valuation of suit - Prayer clause cannot be read in isolation but has to be understood in the context of pleadings made in that regard...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Receipt regarding payment - Fact that receipt was issued not mentioned in pleading - It cannot be believed that if defendant had made the payment against a receipt, he would not have mentioned this fact in the written statement - Moreover, proof beyond pleading is not permissible - Application for secondary evidence..........
