Civil Procedure Code, 1908, Section 151, Order 9, Rule 8, Limitation Act, 1963, Article 137 -- Restoration of suit - Case fixed for framing of issues - Counsel pleading no instructions - Date fixed for framing of issues is not a date fixed for hearing of suit - O.9.R.8 CPC not applicable - Restoration application is one u/s 151 CPC - Period of limitation for filing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Pleadings - A party should plead all material facts in support of his allegations regarding the ground of cruelty - Mere vague and general averments of cruelty do not constitute proper pleading...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Change of user - Pleading and proof - A landlord has to plead and establish by proper evidence that the tenant has been using the building for a purpose other than that for which it was leased...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20 -- Interim maintenance - Wife and children - Husband pleading that wife is not legally wedded wife but children are born through his loin - Held, one thing is clear that husband cohabited with the petitioner and no sane lady would surrender herself unless she treats his male companion as her husband - Legality or..........
Custom -- There must be pleading followed by proof that such custom is ancient, certain and reasonable - As custom is in derogation of the general rule as such it requires to be construed strictly - Party relying upon a custom is obliged to establish it by clear and unambiguous evidence...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction restraining defendant from alienating suit property - Pleadings of plaintiff that defendant was not adhering to the terms of agreement to sell and with intent to cheat and defraud the plaintiff he was not performing his part of the contract and was contemplating to sell the..........
Agreement to sell -- Suit for specific performance - `Ready and willing' - Pleading - Act does not require any specific phraseology but only that plaintiff must aver that he was ready and willing to perform his part of the contract - The compliance of ready and willingness has to be in spirit and substance and not in letter and form - The substance of pleadings has to be..........
Civil Procedure Code, 1908, Section 80(2) -- Waiver of notice - Application u/s 80(2) for waiver of notice filed but no orders passed - Defendants contesting suit on merits without pleading absence of urgency or want of notice - Held, there is deemed waiver of notice on the part of the defendant...........
Evidence Act, 1872, Section 137, 17, 114 -- Proof beyond pleading - Non cross examination on that point - Does not amount to admission...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Suit to enforce bank guarantee - In absence of pleading as to fraud and finding thereto unconditional leave to defend cannot be granted...........
