Elamgulam Service Co Operative Bank ... vs P.S.Mohanan Nair on 7 April, 2022
16. He also placed another decision reported in ILR 1993(2)
593], New India Assurance Company Ltd. v. M. Ramakrishnan &
Ors., to contend that the law of pleading requires specific pleas to
be raised with the intent of getting the parties a fair trial, and to
ensure that they are not prejudiced or surprised by new pleas
O.P(C).No.1279/2021 11
thrown up at the trial. The very basis of the law is that the parties
should have sufficient notice of the pleas raised by either side,
thereby providing them sufficient opportunity to adduce evidence
on the points arising for consideration. Therefore, if the pleadings
are sufficient to put the opposite party on notice of the contentions
raised, a plea of absence of pleadings cannot be countenanced. The
pleading of the appellant is definite that their liability is limited to
the terms and conditions of the policy and to the relevant
provisions and exceptions of the Motor Vehicles Act. In other
words, they are categoric that their liability is limited. The policy
are before court to be examined. The provisions of the Motor
Vehicles Act are also known. In this case, it has been held that the
pleadings are sufficient and that the third respondent's contention
on the score of absence of pleadings has only to be overruled.