Elementary principle of pleadings that where allegations of fraud, misrepresentation, collusion or malafide are attributed, necessary particulars and details in that context are to be unfolded in the application/pleadings, and any bald or vague statement to this effect is of no legal consequence.

Besides a party cannot be allowed to argue the matter beyond its pleadings. Reliance in this behalf is placed on Messrs Lanvin Traders, Karachi vs. Presiding Officer, Banking Court No.2, Karachi and others (2013 SCMR 1419). The relevant portion of the said judgment is reproduced below: 

“In the present case, the contents of the two applications, as reproduced above, reveal that in none of the two, any grievance of fraud, collusion, misrepresentation, manipulation or malafide was attributed either by the judgment debtor/petitioner or by objector Younus Habib, though it is an elementary principle of pleadings that where allegations of fraud, misrepresentation, collusion or malafide are attributed, necessary particulars and details in that context are to be unfolded in the application/pleadings, and any bald or vague statement to this effect is of no legal consequence.” 

Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE. JUDICIAL DEPARTMENT

Writ Petition-Miscellanous-Civil Suit
30622-14

2017 LHC 2371