Legal Question in Real Estate Law in India

Ariving towards judgement.

If there r large scale contradictions in the pleadings & the evidence of a party how the matter shall be decided by the judge. what is ur experience whether pleadings will get more weightage or the evidence.


Asked on 3/10/08, 7:49 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Ariving towards judgement.

In civil cases, evidence not supported by pleadings is worthless, if other party had objected to such an evidence. In such cases, the Court would strike down that part of the evidence. In case it is not objected, then evidence would prevail upon pleadings.

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Answered on 3/11/08, 2:01 am
Vivek Mapara Vivek N. Mapara

Re: Ariving towards judgement.

In civil matters, there cannot be pleading against the proof. So if there are no pleadings, then proof in such case, will not be admissible. However, if there are formal defect in form of pleading, then it will not be much material, if parties know as to what case they are proceedings, and if evidence is produces in such case, then it will not be inadmissible.

It depends upon on the nature of case, adn what kind of pleading are made. Feel free to contact

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Answered on 3/11/08, 6:31 am

Re: Ariving towards judgement.

Judgement depends upon wisdom of judge and also how the case is represented.Both pleadings and evidences are vital.

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Answered on 3/10/08, 12:49 pm


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