(1.) HOW to construe the pleadings ? Can averments made by a party in the pleadings be dissected segregated and then read out of context? Or should the pleadings be read as a whole to ascertain the true import of the same ? How to gather the intention of the party making certain averments in the pleadings? is in substance the main question which has arisen in this revision application.
(2.) The opponents original plaintiffs filed Civil Suit No. 3697 of 197 8/10/1978 in City Civil Court Ahmedabad and prayed for possession of the suit property situated in Astodia area of Ahmedabad City and for injunction to the effect that the defendant be restrained from interfering with their possession. According to the plaintiffs the suit was based on possession and not on title. The petitioner defendant appeared in the suit and filed his written statement and thereafter as many as nine issues were framed by the trial court on 21/08/1980 One of the issues i.e. Issue No. 5 was as follows: Whether plaintiff No. 2 proves that he was in actual possession of the premises alleged to be dispossessed on 15-7-78? The plaintiffs submitted an application Exh. 10 5/09/1980 and prayed that certain issues be deleted. That application was rejected. Against that order of rejection the plaintiffs preferred Civil Revision Application No. 265 of 1981 in the High Court. Pending that civil revision application another application preferred by the plaintiffs to delete the relief regarding injunction was granted by the trial court. In Civil Revision Application No. 265 of 1981 this Court (Coram : R. C. Manked J.) passed the following order on 8/03/1982
(3.) The counsel for the petitioner contended that the plaint as it reads cannot be said to be a plaint under sec. 6 of the Specific Relief Act. According to him the suit originally filed was a suit based on title since there were averments of title in the plaint and there was prayer for injunction. Hence he contended that the trial court has committed a material illegality in reading the plaint as a plaint under sec. 6 of the Specific Relief Act.