Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence beyond pleadings cannot be looked into or relied upon...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - There was neither any pleading nor any evidence that respondent/defendant threatened appellant/plaintiffs for dispossession from suit property - There was also no evidence whatsoever that she was making any arrangement or attempt to sell out suit property to a third party - Held, lower Courts justified in..........
Civil Procedure Code, 1908, Order 7, Rule 6 -- Exemption from limitation - Suit for cancellation of sale deed filed beyond limitation - No pleading in the plaint seeking exemption from limitation in terms of O.7.R.6 CPC - Held, plaintiff cannot agitate exemption from limitation for the first time in second appeal - Suit was barred by limitation...........
Evidence Act, 1872, Section 74, 76 -- Copies of decree or pleadings - Proof - Practice of calling Ahlmad from the Court for proving copies of decree or pleading must be immediately stopped - Certified copies produced from Court records must be exhibited as evidence and the relevance will be matter of argument, if Court cannot take a summary decision as regards the same...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Ex parte decree when came to knowledge not mentioned - Evidence that it came to knowledge in May, 1999 beyond pleading in application which cannot be considered - Statement that plaintiff declared openly in the village but no one from the village examined to prove this version -..........
Co-sharers -- Purchaser from one of the co-sharers - Members of the family can be in implied permissive possession of parts and portions of the joint family property more than their share by mutual adjustment and without there being any express permission - But the stranger/purchaser cannot claim possession more than his share by pleading implied permission - There will..........
Insurance claim -- Repudiation - Claim with regard to four Insurance policies taken by the son of the complainant - appellant - The appellant has not produced the documents pertaining to the accidental death of his son as well as the Driving licence as he had allegedly died while driving a motor cycle - According to the complainant the driver of the lorry which was driven..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- No pleadings - Evidence inadmissible - Held, when there is no pleading, evidence against pleading is inadmissible...........
Punjab Regional and Town Planning and Development Act, 1995, Section 178(2) -- Exemption notification - Not challenged in writ petition - Cannot be questioned without laying any foundation or pleading for the same...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Additional evidence at revisional stage - Revisionist placed on record only photostat copy of the alleged gift deed - Not placed either certified copy of the gift deed or original gift deed - Photostat copy is not admissible in evidence - Any evidence contrary to the pleading should not be accepted..........
