ORDER VI PLEADINGS GENERALLY - RULE 7, 8, 9, 10, 11, 12 OF CODE OF CIVIL PROCEDURE 1908

What is Departure? What is Denial of contract? What is the Effect of document to be stated, Malice, knowledge, etc? What is notice Notice? What is Implied contract, or relation? Rule 7, 8, 9, 10, 11 and 12 of Order VI of Code of Civil Procedure 1908

Departure, Denial of contract, Effect of document to be stated, Malice, knowledge, et, Notice and Implied contract, or relation are defined under Rule 7, 8, 9, 10, 11 and 12 of Order VI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 7 Order VI of Code of Civil Procedure 1908 "Departure"

No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

Rule 8 Order VI of Code of Civil Procedure 1908 "Denial of contract"

Where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract.

Rule 9 Order VI of Code of Civil Procedure 1908 "Effect of document to be stated"

Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.

Rule 10 Order VI of Code of Civil Procedure 1908 "Malice, knowledge, etc"

Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.

Rule 11 Order VI of Code of Civil Procedure 1908 "Notice"

Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred are material.

Rule 12 Order VI of Code of Civil Procedure 1908 "Implied contract, or relation"

Wherever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such 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 one as to be implied from such circumstances, he may state the same in the alternative.

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