..., if any, produced by the parties cannot be considered. It is also equally settled that no party should be permitted to travel beyond its pleading and that all necessary and material facts should be...facts2. Respondents 1 and 2 (the plaintiffs) filed a suit for declaration, possession and injunction (Title Suit No. 133 of 1982 on the file of Sadar Munsiff, Purnia) against...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...

...of pleading, evidence, if any, produced by the parties cannot be considered. It is also equally settled that no party should be permitted to travel beyond its pleading and that all necessary and...material facts should be pleaded by the party in support of the case set up by it. The object and purpose of pleading is to enable the adversary party to know the case it has to meet. In order to have a...the defendants which contain necessary facts to sustain the pleading of the licence being irrevocable under Section 60(b) of the Act. It is well settled that the pleadings need not reproduce the exact...

..., if any, produced by the parties cannot be considered. … no party should be permitted to travel beyond its pleading and that all necessary and material facts should be pleaded by the party in support of..., learned Senior Counsel appearing for the respondents, submitted that it is not permissible for the court to travel beyond the pleadings. No evidence can be led on an issue in respect of which proper...pleadings have not been taken. Findings of fact cannot be recorded on a issue on facts in respect of which no factual foundation has been laid. The appellant had never raised the issue before the...

...settled that in the absence of pleading, evidence, if any, produced by the parties cannot be considered. It is also equally settled that no party should be permitted to travel beyond its pleading and...that all necessary and material facts should be pleaded by the party in support of the case set up by it. The object and purpose of pleading is to enable the adversary party to know the case it has to...?Therefore, it is evident from the pleadings that the case has been limited only to 6 tendered votes and there had been no pleading in respect of the remaining 4 tendered votes either in the...

...above facts and the fact that there was no pleading with respect to sale deed and family settlement, the documents which were sought to be brought on record being beyond pleadings were rightly not...parties cannot be considered and no party should be permitted to travel beyond its pleading and all necessary and material facts should be pleaded by the party in support of the case set up by it...Krishna Murari, J.:— Heard Shri Tripathi B.G Bhai, learned counsel for the petitioners and Shri D.K Singh for the respondent. Undisputed facts are that Original Suit No. 161 of 2003 was...

..., evidence, if any, produced by the parties cannot be considered. No party should be permitted to travel beyond its pleading and all necessary and material facts should be pleaded by the party in support of...the suit premises by way of purchase deed and as such no evidence can be placed beyond the plaint.10. Learned Court rightly allowed the same and the present revisional application is....13. In the affidavit-in-chief of the plaintiff, the plaintiff stated the different version in paras 3, 5 and 7 with reference to the plaint.14. In absence of pleading...

...circumstances or conditions, conformity with requirement; rule or principle, rightness, correctness, justness etc”. 18. Recording of some facts beyond the pleading of the...facts beyond the pleadings the Court demonstrated its bias in the lis pending before it - though, may not be in favour of or against a party to the suit. We do not know any law of procedure or atleast...’) read with section 151 CPC was filed for incorporating the following facts under paragraph No. 3A: “3A. That the daughter of the applicant namely Arijita Das was taken...

...2.8.93 The company is given liberty to mention at the time of argument and passing the award with regard to the document or documents now marked as Exhibits, which may create a new fact or facts beyond the pleading of..., the workmen had been relying upon the documents beyond their pleadings. An objection was raised by the respondent No. 1 herein and by an order dated 12.10.93 the said objection had been overruled. Prior...of them had been marked without any objection. However, in relation to certain documents objection had been taken as regards their admissibility on the ground that the same were beyond the pleadings...

...is permissible to be taken on record in the absence of the pleadings in that respect. No party can be permitted to travel beyond its pleading and that all necessary and material facts should be...proper scrutiny of facts and, that too, without any pleading. In the plaint, the plaintiff for the reasons, best known to him, did not even make reference to the will. In the absence of any factual...-1998 passed in Original Suit No. 442 of 1995 wherein Respondent 1-plaintiff had sought declaration of title of the ownership in respect of the suit property.2. The facts and...

...also equally settled that no party should be permitted to travel beyond its pleading and that all necessary and material facts should be pleaded by the party in support of the case set up by it. The...object and purpose of pleading is to enable the adversary party to know the case it has to meet. In order to have a fair trial it is imperative that the party should state the essential material facts so...provisions contained in Order 6 Rule 2 CPC, which provide thus:—“Pleading to state material facts and not evidence.(1) Every pleading shall contain, and...

...conclusion whether judgment passed by the trial court is li able to be affirmed or liable to be re versed. The question of adducing any facts or evidence at the appellate stage, which is beyond the.... The facts of the case lie in a narrow compass:Plaintiff/respondents filed Title Suit No. 27/1999 for declaration of right, title and interest over the suit property and also...the parties decided the issue and dismissed the suit.7. The Appellate Court after reappreciating the entire facts and evi dence will have to record its own finding and to come to the...

...statement so also from part of the Evidence on Affidavit at the instance of the respondent No. 1. So far as the submission in relation to the introduction of main facts and principal facts beyond the pleading as...pleading, evidence, if any, produced by the parties cannot be considered. It is also equally settled that no party should be permitted to travel beyond its pleading and that all necessary and material...facts should be pleaded by the party in support of the case set up by it. The object and purpose of pleading is to enable the adversary party to know the case it has to meet……….. In such a case it is...

..., produced by the parties cannot be considered. It is also equally settled that no party should be permitted to travel beyond its pleading and that all necessary and material facts should be pleaded..., which is beyond the scope of the order. 5. Learned Counsel for the Respondent No.1 seeks to file response to the Petition. 1..., the Plaintiffs before the Trial Court, have raised no claim to the effect that the subsequent affidavit contains facts other than those permitted by the Court. The Court also observed that, the...

...permitted to travel beyond its pleading and that all necessary and material facts should be pleaded by the party in support of the case set up by it. The object and purpose of pleading is to enable the...defendants/petitioners and taken note of the relevant material facts and the grounds urged in support of such prayer. It is trite law that in absence of... Page 3 of 4 pleading, evidence, if any, cannot be allowed to be produced by the parties. It is also equally settled that no party should ...

...in the absence of pleading, evidence if any, produced by the parties cannot be considered. It is also equally settled that no party should be permitted to travel beyond its pleading and that all...necessary and material facts should be pleaded by the party in support of the case set up by it. The object and purpose of pleading is to enable the adversary party to know the case it has to meet...accordingly, could be produced only with the leave of the Court and be received in evidence on his behalf. However, in the absence of any pleading to that effect such a document could not be introduced...

...relief within ambit of the pleading and any relief beyond pleading is not entertainable.”8. For proper adjudication of issues involved in the present case, it is necessary to quote the..., Rule 2, CPC postulates that every pleading shall contain, and contain only, the statement in concise form of the material facts on which a party pleading relies for his claim or defence, as the case may...state material facts and not the evidence. It mandates that every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for...

... considered. It is also equally settled that no party should be permitted to travel beyond its pleading and... that all necessary and material facts should be pleaded by the party in support of the case set up by it. The object and purpose of pleading is to enable the adversary party to... examined himself as DW1 and filed proof affidavit in which he has stated some new facts which were not pleaded in his written statement and thereby sought for permission to fi...

...for, provided that occasions no prejudice to the other side beyond what can be compensated for in costs”.13. As the object of the pleading is to inform the parties to know the case of...each other, a party is generally not allowed to travel beyond the pleading. Lord Viscount Dunedin of the Judicial Committee in the case of Sadique Mohammad Sah v. Mt. Saran...of pleading, evidence, if any, produced by the parties cannot be considered. It is also equally settled that no party should be permitted to travel beyond its pleading and that all necessary and...

...of pleading, evidence it any, produced by the parties cannot be considered. It is also equally settled that no party should be permitted to travel beyond its pleading and that all necessary and...material facts should be pleaded by the party in support of the case set up by it. The object and purpose of pleading is to enable the adversary party to know the case it has to meet. In order to have a...pleading, which is understandable by the Court as, well as by the opposite party, issues must be raised of framed and even without evidence supporting such unraised issues, the Court should give...

...travel beyond its pleading and that all necessary and material facts should be pleaded by the party in support of the case set up by it. The object and purpose of pleading is to enable the adversary...:-“It is well settled that in the absence of pleading, evidence, if any, produced by the parties cannot be considered. It is also equally settled that no party should be permitted to...party to know the case it has to meet. In order to have a fair trial it is imperative that the party should state the essential material facts so that other party may not be taken by surprise. The...