Law: Constitution of Pakistan, 1962

Section: 58

Law: Civil Procedure Code (V of 1908)

Section: O. VI, r. 2

(a) Special Leave to Appeal to Supreme Court---Granted, where suit was dismissed contrary to findings arrived at in � Constitution of Pakistan (1962), Art. 58.Leave to appeal was granted where it appeared that a person (defendant), who had according to the findings of the Courts below no right to the property, in dispute, had been left in possession of it in the face of the fact that the deceased who was admittedly the owner of the property had made some Wills, genuineness of which was accepted, and which contained a recital as to the relationship of the deceased with three of the plaintiffs.(b) Civil Procedure Code (V of 1908), O. VI, r. 2-Pkadings�Statements of fact-Whether plaintiff must stale on which specific fact, of the facts pleaded, he relies-Plaintiff may be deemed to rely on all facts set forth in pleadings-Inconsistent pleadings-Test for determining-Alternative pleadings are not necessarily incon�sistent-Variations of case-Question to be decided on ground of notice and prejudice-Maxim- (Principle)- Secondum allegata probata ("a fact has to be alleged in pleadings before it is allowed to be proved)."The main question for decision in this appeal was whether the refusal of the District Judge as well as the High Court to decree the suit on the basis of the Wills in spite of a finding as to the genuineness of Wills was justified on account of the fact that the plaintiffs bad failed to base their claim on the WillsHeld, that when. a person makes a statement of a fact in the plaint he is entitled to rely upon that fact in support of the relief which he claims and it is not necessary for him to say in the plaint in so many words that he relies upon it.According to rule 2, Order VI, Civil Procedure Code, 1908, it is not necessary for a plaintiff to state in the pleadings the legal effects which flow from the facts that he alleges. He is bound to state the facts and is confined to a statement of facts. He is presumed to rely upon all the facts which he states in the plaint, because according to the rule quoted above he is to state the material facts on which he relies.The plaintiffs in this case had stated in the plaint that the deceased had made three…