Agreement to sell -- Suit for specific performance - Agreement to sell land for Rs.one lakh alleged to be of price of Rs.20 lakhs - No such plea raised in written statement - No issue framed - No evidence led that market price of the land was Rs.20 lakhs - In absence of pleading or an issue framed or evidence led, it cannot be held that agreement to sell was..........
Easement Act, 1882, Section 15 -- Easement of way by prescription - Absence of pleading - Oral evidence adduced to prove the easement by prescription to be ignored...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Evidence without pleading - Where allegation of cruelty pleaded in divorce petition is vague without citation of particular instances of cruelty, evidence to prove particular instances of cruelty cannot be led...........
Adverse possession -- Plea of - Not a pure question of law but a blended one of fact and law - A person who claims adverse possession should show (a) on what date he came into possession, (b) what was the nature of his possession, (c), whether the factum of possession was known to the other party, (d) how long his possession has continued, and (d) his possession was open..........
Limitation Act, 1963, Article 65 -- Suit for possession on the basis of title under encroachment by defendant - No specific pleading by defendant as to on what date he came into possession and what was the nature of his possession - No clear assertion of hostile title by defendant - Plea that suit is barred by limitation, rejected...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleading and proof - Variance - Non giving of details in plaint does not amount to variance between pleading and proof...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit U.O.2.R.2 - Plea maintainable only if pleading of previous suit to prove identity of cause of action in the two suits is filed - No inference of bar can be drawn from assertions made in plaint in the subsequent suit...........
Specific Relief Act, 1963, Section 34, 37, 38, 41 -- Transfer of employee - Employee failing to comply with transfer order - Charge sheet issued - Suit for declaration that transfer order is illegal, void and injunction to restrain defendant from holding any inquiry - No written contract of service between parties and no pleading that transfer order is in violation of any..........
Pleadings -- No pleading need to include the evidence in support of the said contention - The proof is to be produced in the course of evidence - When there is no pleading raising a contention, there cannot be any occasion for substantiating such non-existing contention by evidence and the allegation which is not pleaded, even if there is evidence in support of it...........
Evidence Act, 1872, Section 114 -- Party not entering into witness box - Presumption has to be drawn that the version raised in pleading is not true...........
