1. IMPLIED CONTRACT RELATION:
Wherever any
contract, or any relation between any persons, is to be implied from a series
of letters, or conversation, or otherwise, from a number of circumstances, it
shall be sufficient to allege letters, conversations, or circumstances without
setting them out in detail. And if in such case the person so pleading desires
to rely in the alternative upon more contracts, or relations, than areas to be
implied from such circumstances, he may safe the same in the alternative.
A contract may be expressed in one document, or it may be implied from a series of documents or conversations or from a number of other circumstances. If it is expressed in one document, shall apply. If it is implied from a series of letters, etc. shall apply. In such a case the whole of that which has passed between the parties shall be taken into consideration by the Court.
- Must Read: law-of-pleading-part-5.html
2. PRESUMPTIONS OF LAW:
Neither
party need in any pleading allege any matter of fact which the law presumes in
his favor, or as to which the burden of proof lies upon the other side unless
the same has first been specifically denied (e.g. consideration for a bill of an exchange where the plaintiff sues only on the bill and not for the
consideration as a substantive ground of claim).
It will be
for the defendant to plead that there was no consideration for the bill. But if
the plaintiff sues on the consideration as a substantive ground of claim, he
must allege the consideration specifically, e.g.in the case of a suit for
recovery of the money lent.
3. PLEADING TO BE SIGNED:
Every pleading
shall be signed by the party and his pleader (if any); provided that where a party
pleading is, by reason of absence or for other good cause, unable to sign the
pleading, it may be signed by any person duly authorized by him to sign the
same or to sue or defend on his behalf.
4. VERIFICATION OF PLEADING:
(1) Save as
otherwise provided by any law the time being in force, every pleading shall be
verified at the foot by the party, or by one of the parties, pleading, or by
some other person proved to the satisfaction of the Court to be acquainted with
the facts of the case.
(2) The
person verifying shall specify, by reference to the numbered paragraphs of the
pleadings what he verifies of his own knowledge and what he verifies upon
information received and believed to be true.
(3) The
verification shall be signed by the person making it and shall state the date on
which, and the place at which, it was signed.
This rule
states how the pleadings have to be verified at what it means verification does
not amount to evidence. Omission to verify a pleading is a mere irregularity
within the meaning of S.99 of the Code. The plain may be verified at a later
stage, even after the expiry of the limitation period. Unintentional failure to
sign the pleadings can be rectified by permitting the person concerned to sign
subsequently and this rule of practice and justice is equally applicable to the
stage of an appeal. Want of verification being a mere irregularity does not
render written statements void or affect the merits of the case. An objection not
taken at the earliest opportunity shall be deemed to have been waived.