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1 - 10 of 12 (0.26 seconds)Trojan & Co. Ltd vs Rm. N. N. Nagappa Chettiar on 20 March, 1953
the parties may adduce appropriate evidence on the said issue. It is
a settled legal proposition that "as a rule relief not founded on the
pleadings should not be granted". A decision of a case cannot be
based on grounds outside the pleadings of the parties. The
pleadings and issues are to ascertain the real dispute between the
parties to narrow the area of conflict and to see just where the two
sides differ. (Vide: M/s. Trojan & Co. v. RM N.N. Nagappa Chettiar,
AIR 1953 AIR 235; State of Maharashtra v. M/s. Hindustan
Construction Company Ltd., AIR 2010 SC 1299; and Kalyan Singh
Chouhan v. C.P. Joshi, AIR 2011 SC 1127)."
The Code of Civil Procedure, 1908
State Of Maharashtra vs M/S Hindustan Construction Co.Ltd on 1 April, 2010
195; M/s. Trojan & Co. v. RM. N.N. Nagappa
Chettiar, AIR 1953 SC 235; Ishwar Dutt v. Land Acquisition Collector
& Anr., AIR 2005 SC 3165 : (2005 AIR SCW 578); and State of
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Maharashtra v. Hindustan Construction Company Ltd., (2010) 4 SCC
518 : (2010 AIR SCW 2265)) "
Hari Chand @ Harish Chandra vs Shri Daulat Ram on 15 October, 1986
42. The Apex Court in the case titled as Hari Chand versus
Daulat Ram, reported in AIR 1987 Supreme Court 94, held that when
the plaintiff fails to prove his case as pleaded in the plaint, the relief
cannot be granted by the Court, which is neither pleaded nor prayed. It
is apt to reproduce para 11 of the judgment herein:
State Of H.P. And Others vs Baldev And Others on 14 October, 2015
19. Learned Division Bench of this Court, of which I was one of
the members, had elaborately considered in detail the relevance of
pleadings in State of Himachal Pradesh and others versus Baldev
and others 2016 (1) SLC 361 and it was observed as under:-
National Textile Corp.Ltd vs Nareshkumar Badrikumar Jagad & Ors on 5 September, 2011
45. The Apex Court in the case titled as National Textile
Corporation Ltd. versus Nareshkumar Badrikumar Jagad & Ors.,
reported in 2011 AIR SCW 6180, has laid down the same principle. It
is apt to reproduce para 7 of the judgment herein:
Kalyan Singh Chouhan vs C.P.Joshi on 24 January, 2011
the parties may adduce appropriate evidence on the said issue. It is
a settled legal proposition that "as a rule relief not founded on the
pleadings should not be granted". A decision of a case cannot be
based on grounds outside the pleadings of the parties. The
pleadings and issues are to ascertain the real dispute between the
parties to narrow the area of conflict and to see just where the two
sides differ. (Vide: M/s. Trojan & Co. v. RM N.N. Nagappa Chettiar,
AIR 1953 AIR 235; State of Maharashtra v. M/s. Hindustan
Construction Company Ltd., AIR 2010 SC 1299; and Kalyan Singh
Chouhan v. C.P. Joshi, AIR 2011 SC 1127)."
Section 45 in The Himachal Pradesh Land Revenue Act, 1953 [Entire Act]
Bachhaj Nahar vs Nilima Mandal & Ors on 23 September, 2008
43. The Apex Court in the case titled as Bachhaj Nahar versus
Nilima Mandal & Ors., reported in 2009 AIR SCW 287, held that the
Court cannot, on finding that the plaintiff has not made out the case
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put-forth by him, grant some other relief. It is apt to reproduce para 12
of the judgment herein: