PLEADINGS

 

 Order VI Rule 4 -  Particulars regarding fraud and coercion - Particulars with dates and items if necessary shall be stated in pleading - A vague or general plea can never serve this purpose -  Cogent evidence to prove fraud, coercion and undue influence.  AIR 1963 SC 1279 , 1989(2) KLT 348, 1985 KLJ 107 relied on. [Haris Nadar Kumardas vs Mallan Nadar Raghavan.  2001 (1) KLT SN.89.P.74. D.Sreedevi (J)]

OrderXXIX  . Rule 1 -Written statement filed by the Board was verified by the principal officer of the unit . That verification is challenged not challenged - Proper representation [KLD&MM Board vs Achuthan. SA.No. 261 of 1998. Dated 15th February, 2001. D.Sreedevi (J)]

It is abundantly clear that evidence cannot be allowed to be let in violation of the pleadings and that even if any such evidence has gone into the records, it cannot be looked into for the purpose of deciding the controversy.  Only evidence which is supported by pleadings can be considered by court.   [V.S.Vijayaraghavan Vs. Smt. Girija Surendran and others, 2002 (1) KLT SN 110, Page No.86, dated 21st November, 2001. (M.R.Hariharan Nair (J)]

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