Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - No amount of evidence or arguments can be looked into or considered in the absence of pleadings and issues...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Application for - Grant of - Due diligence - Pleadings as to - Due diligence for not producing documents referred in additional evidence application has not been explained - Held, mere reproduction of statutory provision regarding due diligence is not enough - What is necessary are the facts to..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- No pleadings - Evidence inadmissible - Held, when there is no pleading, evidence against pleading is inadmissible...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acts of physical cruelty alleged - assaults, splashing of chilly water on face, pushing her out of the house during night etc., have not been controverted - A reading of the uncontroverted pleadings and unchallenged evidence, eminently and eloquently establishes the claim for divorce on the ground of..........
Adverse possession -- Plaintiff filed simple suit for permanent injunction against State of Punjab - Declaration of title on the basis of adverse possession not sought - Held, in the absence of crucial pleadings regarding adverse possession and in the absence of evidence to substantiate the same, it cannot be said that the plaintiff has perfected his title by way of..........
Adverse possession -- Pleadings - Parties claiming ownership by way of adverse possession, have to settle specifically in the pleadings and to prove by cogent evidence that their possession is validly adequate in continuity, in publicity and in extent to show their clear possession to the deep knowledge of the competitors - The plaintiffs cannot render their possession..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Evidence beyond pleadings cannot be looked into...........
Civil Procedure Code, 1908, Order 10, Rule 2 -- Examination of a party or companion of party - Examination is not restricted to allegations in the pleadings but can relate to elucidating any matter in controversy - Party or any person accompanying either party or his pleader can be examined, either at the first hearing or subsequent hearings - Object of the provision is to..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 11, 13, 35 -- Finding by a competent Court in a previous suit - Finding relevant in a latter suit - Cannot be ignored for the reason that a plea of res judicata is not substantiated in the pleadings in the latter suit and that the only material produced was the previous judgment...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Power of appellate court to remand - If there is sufficient evidence to decide the case on merits, then it becomes statutory duty of appellate court to decide the case on merits - Appellate court cannot straight away resort to O.41.R.25 of the Code to pass an order of remand - Order of remand be made where trial..........
