Deficiency in pleading would not affect case of Plaintiff. State the points to be considered for supporting the above statement.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2017
Deficiency in pleading would not affect case of Plaintiff. State the points to be considered for supporting the above statement.

Answer & Explanation:

In normal circumstances the pleading has to be complete in all respects. However, deficiency in pleading would not affect the case of the plaintiff in the following circumstances: Parties are related to each other and know everything in respect of facts and figures of the case. No element of surprise has been caused to the other party. Parties understood the case and led evidence accordingly. This was decided in Kailash Chandra v. Vinod, AIR 1994 NOC 267 (MP) .

Topics: Civil Procedure Code

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