Law of Pleadings (Declaration-Injunctions-Presumption-Document & Proof in Suits) by Yogesh V Nayyar – 1st Edition 2024

Description

Every litigation; involves a cause for initiation. The cause thus; giving rise to rights to agitate for a relief against the defendant. However, the integral part while institution of a suit and carved thus in a plaint is to follow the provisions laid under the Code of Civil Procedure, 1908 viz.

“Cause of Action”, “Parties to Suit”, “Valuation”, “Specific Pleadings”, “Jurisdiction”, “Specific Bar of Law/Statute”, “Bar of Limitation”, “Reliefclaimed”, & “Prayer”. Be a suit of any nature and before any forum, the most important aspect while instituting a suit or a complaint is “Pleadings” and likewise the same principle is applicable to written statements. Where the pleadings are not in consonance to the documents relied upon and produced before the Court in evidence, any such document cannot be read in evidence where it is not averred in the pleading. Thus, whenever any suit is instituted, the most important aspect is to minutely go through every piece of evidence on which a litigant relies upon.

The book elucidates the scope of pleadings, and special emphasis has been laid upon the pleadings in suits for injunctions where a relief is sought and the statute applicable is The Specific Relief Act, 1963. More apart, the pleading in an injunction suit need to be specific where the plaintiff has to prove the title and Section 34 of The Specific Relief Act, 1963, is an integral part for every such remedy inter-alia Section 42 of The Specific Relief Act, 1963.

While deciding a suit, the Court draws presumptions on the basis of the pleadings, documents produced and the proof to that effect, which comes before the Court in evidence; which makes it easy for the Court to frame issues and analyze the subject dispute before the Court. Hence it is imperative for every student of law, while they step into the profession and every Lawyer to understand the principles of pleadings in suit for injunction inter-alia while seeking a relief of declaration, the documents must adhere to the pleadings and one must before initiating a suit or filing written statement bear in mind, what presumption can be drawn by the Court and a must there to is “Proof and how to prove”. The book encompasses an easy understanding and covers all the important case laws delivered by the Hon’ble Supreme Court of India and High Courts.

The book shall be of great help to every new entrant stepping into the profession and have appearances before the Court fearlessly wielding the sword of case laws.