Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O. VI, Rr. 15 & 16--Representation of the People Act, 1976, Ss. 55(3) & 63--Foundational documents--Election petition--Non verification of amended petition--Importance of pleading and legal value--Amended election petition was neither duly verified nor was got attested from oath commissioner--Question of--Whether amended pleadings shall merge into original pleadings--Importance of pleadings and its legal value and significance can be evaluated and gauged from fact that it is primarily on basis thereupon that issues are framed; though pleadings by themselves are not evidence of case, parties to a litigation have to lead evidence strictly in line and in consonance thereof to prove their respective pleas--Party is bound by averments made in its pleadings and is also precluded from leading evidence except precisely in terms thereof--A party cannot travel beyond scope of its pleadings--Principle of merger as put forth by counsel is neither relevant nor shall apply in such situation, rather it is principle of substitution which shall be attracted--Amended election petition filed by appellant has not been verified in accordance with law, that if original election petition is ignored from consideration, amended petition will be hit by provisions of Sections 55(3) and 63 of Act--Once original petition was; replaced and substituted by amended petition, earlier could not be resorted to and it is not left to choice of appellant to fall back on original petition and have two grounds deleted for resolution of election dispute agitated by appellant--Besides, striking off of two grounds was not case of appellant before Election Tribunal and such a prayer even does not fall within purview of Order 6 Rule 16 of, CPC, which stipulates striking off pleadings. Pleadings-- ----Scope of--If any party to a lis wants to prove or disprove a case and some material has to be brought on record as part of evidence, which (evidence) otherwise is not covered by pleadings, it shall be duty of such party to first seek amendment of its pleadings for support of opinion. THIS ORDER PASSED BY: Mian Saqib Nisar, J.- The appellant and Respondent…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492