Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pleading Amendment must be formally made C. P. Municipalities Act 1922 Strict adherence necessary |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Pleading—Strict adherence necessary—Amendment must be formally made—Petitioner pleading transfer by State Government - Counsel for respondent conceding transfer by Central Government—Duty of Court.Acting under s. 38 (1) (f) of the C. P. Municipalities Act 1922, the Provincial Government, with the sanction of the Government of India, transferred certain Nazul Lands to the Municipal Committee to be used for the purposes of a garden. The 1922 Act was repealed by the City of Jabalpur Corporation Act, 1948, which replaced the Municipal Committee by the Jabalpur Corporation. Under s. 81 of the Corporation Act the State Government issued a notification notifying that a portion of this land needed for making a road stood divested from the Corporation. The Corporation filed a writ petition before the High Court challenging the notification. On a concession made by the counsel for the State that the transfer of the land had been made by the Central Government the High Court held that the notification could not be sustained under s. 81 which was applicable only to transfers made by the State Government But the High Court sustained the notification under s. 38 of the repealed 1922 Act, relying upon the saving in s. 3 (1) of the Corporation Act. Held, that the transfer of the land in fact had been made by the State (Provincial) Government and the notification was fully justified by the provisions of s. 81 of the Corporation Act. There was no basis on which the High Court could have based its assumption that the transfer was by the Central Government. The allegations in the writ petition proceeds on the basis that the transfer was by the State Government. On the pleadings the appellant ought not to have been permitted to put forward a case that the State Government was not the transferor of the property. To confine a party to his pleadings particularly in respect of facts, is dictated not merely by the need for orderliness but for avoiding surprise to the other party. Save in exceptional cases, parties should be held strictly to their pleadings, and if there is need to amend them, the Court should insist on formal amendments being affected. the present case, on the terms of the order transferring the land it was clear that the transfer was made by the Provincial government. |
Judge | Hon'ble Mr. Justice N. Rajagopala Ayyangar |
Neutral Citation | 1962 INSC 144 |
Petitioner | Municipal Corporation Of The City Of Jabalpur |
Respondent | State Of Madhya Pradesh |
SCR | [1963] 2 S.C.R. 135 |
Judgement Date | 1962-04-16 |
Case Number | 212 |
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