Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question whether suit is barred is a mixed question of law and fact which requires appreciation of evidence in support of pleadings on record - Application for rejection of plaint rightly dismissed...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Sketchy pleadings supported by doubtful evidence - Consumer Forum not to allow the complaint...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Deficiency in service - Consumer Forum which has a limited jurisdiction to find out if there was any deficiency in service, could not have allowed complaint on the basis of sketchy pleadings supported by doubtful evidence - Since there was no categorical evidence of any deficiency in service..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No evidence is permissible in absence of pleading...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Defendant raised an objection that plaintiff is not in possession of suit property - However, it nowhere reflects from pleadings of plaint that plaintiff is not in possession of suit property - Moreover, it would remain left open for defendant to raise such objection in written statement..........
Agreement to sell -- Written contract - Duly signed or thumb marked by parties - Not to be ignored unless a cogent and definite evidence comes on record that it is surrounded by suspicious circumstances - For proving such suspicious circumstances, parties alleging the same are required to lay a foundation in its pleadings...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - All issues involves disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of a litigation u/s 138 of the..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In absence of pleading, evidence if any produced by parties cannot be considered...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - If a plea is not specifically made and yet it is covered by an issue by implication and parties knew that said plea was involved in the trial, then mere fact that plea was not expressly taken in the pleadings would not necessary disentitle a party from relying upon it if it is satisfactorily proved by evidence...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs claiming title over land on basis of inheritance from recorded tenant - They led evidence in support of their case - Defendants claims title on basis of settlement by Hukumnama - However, pleadings of defendants on these crucial facts has remained unsupported by evidence - In the absence of..........
