Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Suit for recovery

Monday, January 21, 2013
Suit for recovery

Suit for recovery — Plaintiffs, in the present case, have examined witnesses, proven entries in the books of accounts and also proven the acknowledgements duly signed by the defendant — The defendant, on the contrary, except making a bald denial of the averments, had not stated anything else — That apart, nothing was put to the witnesses in the cross-examination when the documents were exhibited — He only came with a spacious plea in his evidence which was not pleaded — Held, the High Court has fallen into error in holding that it was obligatory on the part of the plaintiffs to examine the handwriting expert to prove the signatures — Civil Procedure Code, 1908 Order 8 Rules 3, 4 and 5 — Evidence Act, 1872, Sections 101, 102, 34 and 45.      

 
Suit for recovery

Suit for recovery — Whether can be decreed despite the fact that there is variance in the pleadings in the plaint and the evidence adduced by the plaintiffs with regard to the amount and the date? — Held, the variance is absolutely little — Such a variance does not remotely cause prejudice to the defendant — That apart, it does not take him by any kind of surprise.

 
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