In the light of judicial pronouncements, discuss the following: Deficiency in pleading would not affect the plaintiff's case.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2016
In the light of judicial pronouncements, discuss the following: Deficiency in pleading would not affect the plaintiff's case.
Answer & Explanation:
Parties are related to each other and know everything. No element of surprise has been caused to the other party. While it is usually a requirement that all material facts be presented in pleadings, an exception should be made in the broader interests of justice. Both parties understand the case and lead evidence accordingly. Deficiency in pleading would therefore not affect case of the plaintiff [ Kailash Chandra v. Vinod, AIR 1994 NOC 267 (MP) ].
Topics: Civil Procedure Code
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