Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence in question came on record during course of evidence led by defendant - There was no occasion for plaintiff to have led evidence in affirmative in the absence of any pleadings in written statement - Once said evidence was produced by defendant, plaintiff was well within his rights to lead additional..........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - There is no allegation with respect to violation of principles of natural justice - Even, petitioner could not establish her case with support of any documentary evidence, Court cannot go much beyond pleadings - Since order passed u/ss 133, 138(2) Cr.P.C after..........
Adverse possession -- Unless plea of adverse possession has been specifically raised in pleadings, put in issue and then cogent and convincing evidence is led on a multitude of points and an opportunity to refute the case is made out by plaintiff and availed of by defendant, plea of adverse possession cannot be allowed to be flung as a surprise, on an unsuspecting..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Concurrent findings of facts against defendants of being a licensee on the basis of pleadings and on the basis of evidence adduced before it - Second appeal does not involve any substantial question of law - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaintiff is entitled to relief or not will be adjudicated by Court after trial - Whether plaintiff acts contrary to recital in the agreement is a question of fact and Court will adjudicate by framing necessary issues based on pleadings of respective parties, after evidence is let in...........
Bharatiya Sakshya Adhiniyam, 2023, Section 60 -- Secondary evidence - Cannot be allowed to be led in the absence of any basis in pleadings...........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Sale of minor's property by father - Sale was for necessity - It was to discharge existing loans of family - One of witnesses to document was mother of plaintiffs - Antecedent debts existed which had been proved by recitals in sale deed - Since plaintiffs were under care and protection of their parents,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and compensation - Neither there were any pleadings nor any evidence led by plaintiff regarding compensation - Plaintiff continues to remain in possession i.e there is no cause of action for claiming relief of compensation - Therefore, even if submission regarding compensation has not..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife except stating in her pleadings that she is ready to join company of her husband, has not placed any evidence to show that she is willing to discharge her marital obligations with her husband - Except self serving testimony of wife no other evidence is placed by her to show that..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Where evidence is not in line with pleadings and varies, said evidence could not be looked into or relied on, as no party should be permitted to travel beyond its pleadings...........
