Mofussil Pleadings Are To Be Considered As A Whole, Liberally & Must Be Construed Reasonably

Case: Sri Pratap Chandra Das v Smt. Hira Bala Das and ors

Coram: Justices Arindam Lodh and SG Chattopadhyay

Case No.: RFA 06 OF 2019

Court Observation: “I am in agreement with the view taken by the learned trial court as to how the court should read and construe the pleadings of the parties. It is settled law that mofussil pleadings are to be considered as a whole, liberally and must be construed reasonably.”

“Title to land cannot pass by admission when the statute requires a deed,”

“In case of conflict, without any sort of debate, the documentary evidence relating to a particular fact in issue that supports the pleadings of a party shall prevail over the pleadings based on such knowledge/information, or perception, etc. that run in contra to the contents of such documents/records.”

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