Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Material essential to be considered---Scope---Averments in plaint must be deemed to be true. (b) Carriage by Air (International Convention) Act (IX of 1966)--- ----S. 2(3), Scheds. First & Second--Fatal Accidents Act (XIII of 1855), S.1---Death of passenger caused due to accident of Aircraft---Suit for recovery of damages---Availability of remedy under Fatal Accidents Act, 1855 or Carriage by Air (International Convention) Act, 1966---Scope---Non obstante clause of S.2(3) of Carriage by Air (International Convention) Act, 1966 specifically excluded in such matter application of any law for the time being in force including the Fatal Accidents Act, 1855---Such matter would be determined within four corners of Carriage by Air (International Convention) Act, 1966---Principles. (c) Carriage by Air (International Convention) Act (IX of 1966)--- ----S. 2(3), Scheds. First & Second---Civil Procedure Code (V of 1908), O. VII, R.11---Death of passenger due to accident of Aircraft-Suit for recovery of damages---Non framing of relief prayed for as per provision contained in First Sched. of Carriage by Air (international Convention) Act, 1966--Rejection of plaint---Scope---When relief claimed being' different either in nature or in quantum of liability of carrier from what was contained in First Sched. of the Carriage by Air (International Convention) Act, 1966, then suit would become liable to be dismissed---Non framing of proper relief by itself would not be fatal and plaint on such ground alone could not be rejected--Court in such case after conclusion of trial could limit or mould relief to be granted to plaintiff to what he was entitled under First Sched. of the Act---Whether amount claimed by plaintiff was correctly computed in terms of rules laid down in First Sched. of the Act or fell entirely or in part outside of its ambit being a question which could only be decided at conclusion of trial---Principles. (d) Carriage by Air (International Convention) Act (IX of 1966)--- ----S.2(3), First Sched., R.19-Limitation Act (IX of 1908), First Sched.---Death of passenger caused due to…

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