Pleading and Conveyancing-Formats

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advtanmoy 28/12/2020 4 minutes read

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General remarks

The Court cannot grant relief to the plaintiff on a case for which there was no foundation in the pleadings and which the other side was not called upon or had an opportunity to meet. But when the alternative case, which the plaintiff could have made, was not only admitted by the defendant in his written statement but was expressly put forward as an answer to the claim which the plaintiff made in the suit, there would be nothing improper in giving the plaintiff a decree upon the case which the defendant himself makes. A demand of the plaintiff based on the defendant’s own plea cannot possibly be regarded with surprise by the latter and no question of adducing evidence on these facts would arise when they were expressly admitted by the defendant in his pleadings. In such circumstances, when no injustice can possibly result to the defendant, it may not be proper to drive the plaintiff, to a separate suit.[ AIR 1951 SC 177 : (1951) SCR 277]

Amendment of pleadings

Civil Procedure Code, 1908—Order 6, Rule 17—Amendment of pleadings—Amendment sought in plaint to claim relief in proper form at the stage of appeal—Amendment to claim relief in proper form found to be purely of formal character—The court must determine by itself if any notice to the defendants is necessary—In the circumstances remand of case for the purposes of notice to the defendant held unnecessary.[AIR 1954 SC 5]

Role of Advocates

A section of the Bar is under an erroneous impression that when a counsel is acting in the interests of his client, or in accordance with his instructions he is discharging his legitimate duty to his client even when he signs an application or a pleading which contains matter scandalizing the Court. They think that when there is conflict between their obligations to the Court and their duty to the client, the latter prevails. The misconception has to be rooted out by a clear and emphastic pronouncement, and we think it should be widely made known that counsel who sign applications or pleadings containing matter scandalizing the Court without reasonably satisfying themselves about the prima facie existence of adequate grounds therefore, with a view to prevent or delay the course of justice, are themselves guilty of contempt of Court, and that it is no duty of a counsel to his client to take any interest in such applications; on the other hand, his duty is to advise his client for refraining from making allegation of this nature in such applications.[ AIR 1955 SC 19]

Last Line

A party cannot be permitted to go beyond its pleadings.[AIR 1959 SC 31]

Conveyancing

In construing a document whether in English or in vernacular the fundamental rule is to ascertain the intention from the words used; the surrounding circumstances are to be considered but that is only for the purpose of finding out the intended meaning of the words which have actually been employed. The meaning of every word in an Indian document must always depend upon the setting in which it is placed, the subject to which it is related and the locality of the grantor from which it received its true shade of meaning.”[AIR 1951 SC 139]

Format

Bombay High Court in Bavasaheb Walad Mansursaheb Korti vs. West Patent Press Co. Ltd., ILR (1954) Bom 448

“The forms in which tenancy rights are created in India are not uniform and they do not conform to precedents known to conveyancing; sometimes the words used are not precise and it is not easy to understand from the said words the intention of the parties in executing the documents. Leases are often executed without legal assistance and the aid that the parties obtain from professional scribes does not always contribute to make the terms clear or precise. The nature of the tenancy created by any document must nevertheless be determined by construing the document as a whole. If the tenancy is for a building purpose, prima facie it may be arguable that it is intended for the life-time of the lessee or may in certain cases be even a permanent lease. Prima facie such a lease is not intended to be, tenancy at will. But whether it is a tenancy for life or a permanent tenancy must ultimately depend upon the terms of the contract itself. And in construing the terms of such contracts the courts must look at the substance of the matter and decide what the parties really intended to do.”