Supreme Court · 1976 INSC 266 · Decided 28 October 1976

Union of India v. Sita Ram Jaiswal

Court
Supreme Court of India
Citation
1976 INSC 266 · [1977] 1 S.C.R. 979
Case number
CIVIL APPEAL No. 1762/1968
Decided
28 October 1976
Bench
A.N. RAY, M. HAMEEDULLAH BEG, P.N. SHINGAL (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Contract Act Section 70, 10

Headnote

Pleadings under-section 70 of the Contract Act (Act 9) 1872,--lngredients 111ecessary to be pleaded. P1"'ctice-No11-s11iting for want of uroper pleadings at the appellate swge by the Suprcn1e Court when parties went to trial and issues were raised and the .litigation went through the course Order XIV, rnle 1(5) -Courts should not allow parties to go to trial i11 rhe absence of proper plead- C .ings. Words and phrases-"Restoration .. in Section 70 of the Contract Act, mean­ .ing of. In a suit for the recovery of price of "Mac Tntyre Sleeves, "supplied to the

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