Order VI Rule 2 of the Code requires that the pleadings should contain a statement, in a concise form, of the material facts, on which the concerned party relies for his claim or defence.

 Order VI Rule 2 of the Code requires that the pleadings should contain a statement, in a concise form, of the material facts, on which the concerned party relies for his claim or defence. The allegations of failure of condition by not retaining possession or renting out the suit property form facta probanda. It was material fact and required to be pleaded and then to be proved through evidence. Such material fact when not pleaded, cannot be deposed in the evidence. Neither the evidence in departure of pleading of those material fact(s) can be given any weight.

Civil Revision: 36908/23
Azhar Javed Vs Malik Mushtaq Noor
Mr. Justice Sultan Tanvir Ahmad
21-11-2023
2023 LHC 5955