...bona fide need. In the absence of any one of the three ingredients, the petition by a landlord under Section 11(3) would fail. In the present case, what we find is that, there was pleading to the effect...required the building for occupation of her married daughter and son-in-law.3. Once we are of the view that in the absence of any pleading as regarding one of the...jurisdiction conferred upon it and thus set aside the said order and the writ petition was allowed.2. Learned counsel appearing for the appellant urged that in the absence of...

...view that the case based on an easementary right could be considered even in the absence of any pleading or issue relating to an easementary right, as the evidence available was sufficient to make out...(1987) 2 SCC 555, AIR 1987 SC 1242:“6. … It is well settled that in the absence o...not only in support of their contentions but in refutation of those of the other side, it cannot be said that the absence of an issue was fatal to the case, or that there was that mistrial which...

...appellant-plaintiffs even on the date of filing of the suit. In the absence of any pleading in the suit filed by the appellants, at belated stage, after evidence is closed, the appellants have filed the...application to summon the record relating to leave/service of Ramesh Chander Singh on 14-11-2001 from the Rajput Regiment Centre, Fatehgarh. It is fairly well settled that in absence of pleading, any...application was opposed by filing objections by the respondents. The trial court, mainly on the ground that there was no such pleading in the plaint and also on the ground that such application was filed at...

...in their objections that on account of such material irregularity they were put to substantial injury. In the absence of such pleading, it was not open to the executing court to set aside the auction...fraud and material irregularity. Even if we assume here for the sake of argument that there was material irregularity in conducting the sale of the property, we do not find any pleading by the objectors...

...?(ii) In the absence of a pleading that the order imposing penalty was invalid because the appointing authority acted on the advice or recommendation of the Chief Vigilance...deemed to continue in service is maintainable and will not be barred by Section 14 of the Specific Relief Act.Re: Question (ii) — Effect of absence of pleading.... In the absence of necessary pleading and issue, neither the trial court nor the appellate court could have considered the contention and recorded a finding thereon.20...

....7. No decree of divorce could be granted on the ground of desertion in the absence of pleading and proof. Learned counsel for the appellant submitted that even in the absence of specific issue, t...cohabitation permanently to an end (animus deserendi). Similarly two elements are essential so far as the deserted spouse is concerned: (1) the absence of consent, and (2) absence of conduct giving reasonable...other matrimonial offence, beyond all reasonable doubt. Hence, though corroboration is not required as an absolute rule of law the courts insist upon corroborative evidence, unless its absence is...

..., satisfied that in the absence of pleading and prayer in the writ petition, the High Court fell in error in issuing directions to the appellant to issue completion certificate to the writ petitioner...

...the house of complainant in his absence. Pleading deficiency in service on the part of opposite parties, complainant has prayed for acceptance of the complaint. 2. After formal...

...the petitioner made another grievance that the relief was granted in the absence of a pleading in the plaint on the question of tenancy as covered by section 13 (1) (f) of...

...that he had obtained the permission of the landlord for sub-letting the two shops. In the absence of any pleading and any issue on this point the first two courts were in error in holding that the two...absence of any pleading and any issue on this question the High Court was in error in recording the finding that the two shops were sub-let towards the end of 1947 after the Jaipur Rent Control Order...-law Ram Gopal. There was no pleading not any issue that the sub-letting of the two shops was made with the permission of the landlord. It was not the case of the defendant at any stage of the trial...

...to meet with, in the absence of pleading, a party cannot be allowed to lead evidence. Failure to state even a single material fact will entail dismissal of the election petition. The election...Mining Industries.10. The pleadings of the said allegations of corrupt practice are limited to digging of bore wells only and there is no pleading on the material facts...given in the election petition. As such there is total absence of material pleadings so as to prove that due to the alleged corrupt practice the election has been vitiated in a manner that but for such...

...case that no such joint inspection was made and in the absence of any pleading to that effect, his client is under no obligation to disclose materials on such issue. He made this argument relying on the...fundamental principle that a plaintiff or a petitioner has to prove his own case on the basis of pleading. This proposition of law is well established and there is no denial that the petitioner has...to prove his own case to succeed, even in the absence of any affidavit or written statement filed by the respondents or defendants.So far as Writ Court is concerned, however, while...

.... In the absence of any pleading, it would not be possible for the respondents to give any reply and in the absence of such pleading, the Court also would not be justified in making a fishing and...the absence of such pleading, the petitioners cannot be permitted to raise an objection to the acquisition proceedings emanating from such factual aspect. 7. In order to challenge...(4) of the Act in the absence of any rele­vant pleading or material and the question of requiring the respondents to pro­duce the original record in this regard also does not arise...

...been a further pleading that the plaintiff had not waived his right of re-entry and had not condoned such act of the defendant-tenant. It was contended that in the absence of specific pleading.... 11. Concerning the absence of pleading, the learned counsel for the plaintiff-respondents relied on the decision of the Supreme Court in the case of Ram Swaroop Gupta v. Bishun Narain...Inter College and others, AIR 1987 SC 1242. A question cropped up before the Apex Court about absence of pleading on a particular point and it was observed that it was not...

...Question 3 cannot be sustained when such a case did not arise for consideration in the absence of necessary pleading in the plaint in that regard. More so when the case of the plaintiff was based...requirement of Section 100 of the Civil Procedure Code. The reversal of the judgment of the first appellate court on a question of fact under Section 100 of the Civil Procedure Code, that too in the absence of...any pleading, issue and supporting evidence, cannot be sustained.6. In opposition, Shri T.L.V Iyer, the learned Senior Counsel for the respondents, made submissions...

...necessary pleading that the licence was irrevocable as contemplated by Section 60(b) of the Act and, if so, is there any evidence on record to support that plea. It is well settled that in the absence...licence was irrevocable.4. On the pleading of the parties the trial court framed 8 issues and the parties produced evidence in support of their case. The trial court...title passed to the school or to any of the defendants as the property being immovable could not be transferred except under a registered deed. In the absence of transfer deed Raja Ram Kumar Bhargava...

...appellant has not pleaded the generator sets manufactured by them are of 100V and above. Therefore, in the absence of pleading and evidence, we do not find any infirmity in the impugned order. The appeal is rejected....with the remarks “Company closed”. No other address is available on the record. Therefore, the appeal is being taken up in the absence of the appellants.2. Heard Shri...

...though an alternate relief is set down as being sought, that could not have been possibly granted or comprehended within the meaning of Section 9 of the Hindu Marriage Act, 1956 in the absence of any...specific pleading or invoking the powers of the court under Section 13 of the Hindu Marriage Act.3. Notice has been ordered by this Court on 13-12-2002. The respondent has...

...the sale deed dated 02.01.1964 in the plaint nor there is any reference of family settlement dated 26.04.1985 and in the absence of pleading in this regard, the documents cannot be permitted to be taken...Gupta (dead) by L.Rs v. Bishun Narain Inter College, (1987) 2 SCC 555 : AIR 1987 SC 1242 has held that in the absence of pleading, evidence, if any, produced by the...have refused to take the documents in evidence on the ground that there is no pleading in respect of the same in the plaint. Trial court has categorically held that neither there is any reference of...

...requires necessary pleading and cogent evidence to prove the said fact. Thus, he submits that in the absence of any pleading in the written statement challenging the financial capacity of the...considered the financial capacity of the respondent to reconstruct the disputed shop. Thus, he submits that in the absence of any satisfaction recorded by the authorities below that the respondent has the...have challenged it by raising necessary pleading in the written statement and prove the same by filing cogent evidence. That would also give an opportunity to the respondent to negate the apprehension...