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JainaullalbIn Saheb Vs. Dhanyakumaraiya - Court Judgment

LegalCrystal Citation
SubjectCivil;Tenancy
CourtKarnataka High Court
Decided On
Case NumberC.R.P. No. 1305 of 1983
Judge
Reported inILR1986KAR937
ActsCode of Civil Procedure (CPC) , 1908 - Sections 115 - Order 6, Rule 1
AppellantJainaullalbIn Saheb
RespondentDhanyakumaraiya
Appellant AdvocateS. Nanjundaswamy and ;K. Sridhar, Advs.
Respondent AdvocateG.S. Visweswara, Adv.
DispositionPetition rejected
Excerpt:
.....the lower court.;-- order 6 rule 1 -- adequacy of pleading -- liberal approach -- unless prejudice caused demonstrated, irregularities not to be taken note of.;this court time and again has pointed out that bald pleadings which would not give adequate opportunity to the defendant or the opposite party to meet the case of the plaintiff or the petitioner should result in the prayer in the petition or the plaint being denied. the courts have been liberal in considering the pleadings for a number of reasons some of which are historic .... it is not enough to contend that there is inadequacy of pleading. much will depend on how the defendant understood the pleading and in what circumstances the parties went to trial. unless the prejudice caused is demonstrated, irregularities cannot be taken.....order 6 rule 1 -- adequacy of pleading -- liberal approach -- unless prejudice caused demonstrated, irregularities not to be taken note of.this court time and again has pointed out that bald pleadings which would not give adequate opportunity to the defendant or the opposite party to meet the case of the plaintiff or the petitioner should result in the prayer in the petition or the plaint being denied. the courts have been liberal in considering the pleadings for a number of reasons some of which are historic .... it is not enough to contend that there is inadequacy of pleading. much will depend on how the defendant understood the pleading and in what circumstances the parties went to trial. unless the prejudice caused is demonstrated, irregularities cannot be taken note of.
Judgment:
ORDER

6 Rule 1 -- Adequacy of pleading -- Liberal approach -- Unless prejudice caused demonstrated, irregularities not to be taken note of.

This Court time and again has pointed out that bald pleadings which would not give adequate opportunity to the defendant or the opposite party to meet the case of the plaintiff or the petitioner should result in the prayer in the petition or the plaint being denied. The Courts have been liberal in considering the pleadings for a number of reasons some of which are historic .... It is not enough to contend that there is inadequacy of pleading. Much will depend on how the defendant understood the pleading and in what circumstances the parties went to trial. Unless the prejudice caused is demonstrated, irregularities cannot be taken note of.


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