Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence beyond pleadings is impermissible...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed pleadings shows that they are based upon subsequent events and appear to be just and necessary for fair and complete adjudication of all disputes raised between parties and deserves to be allowed - Said proposed pleading is not required to be proved by evidence at this stage which..........
Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not join husband nor did she comply with ex parte decree of restitution of conjugal rights passed in favour of husband - Un-impeached, un-controverted and unchallenged pleadings and evidence of husband constitute sufficient grounds to grant decree for divorce - Divorce..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After completion of evidence of parties - Case of parties was known to other from beginning - Pleadings having been exchanged and evidence having been led, no second opportunity may easily arise to change the stand already taken - Application rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Family Court formulated two issues as to paternity of child, and compensation to child for causing mental trauma by denying its paternity - Those issues were unnecessary and unwarranted as far as pleadings are concerned and there was no prayer for any such relief from either side, as parties could not resist or..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife not able to substantiate any of her claims of dowry harassment - Making allegations by wife which she had not been able to substantiate either in her pleadings or in her evidence, is a clear act of cruelty...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Trial commences only when first witness enters the witness box and confirms the contents and signature etc. in its evidence in affidavit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, joint possession and permanent injunction - Plaintiff himself levels allegations against defendants that they played fraud and documents in question through which they have succeeded their rights in property are obtained by playing fraud and same are illegal, null and void - Burden is upon..........
