CHAMPA DEVI Vs. NARBADA DEVI

JUDGEMENT

(1.) THIS order shall dispose off the following four applications:

(2.) IT is a well settled law, that the relief not founded on pleadings cannot be granted. A decision of a case, cannot be based on ground outside the pleadings of the parties. The pleadings and issues are the basis to ascertain the real dispute between the parties so as to narrow the area of conflict, and to see where two sides differ. Reference in this regard can be made to a judgment of the Hon'ble Supreme Court, in the case of National Textile Corp. Ltd vs. Naresh Kumar Badrikumar Jagad, 2011 (2) RCR (Rent) 293.

(3.) THE prayer is also for directing the defendants to continue to pay damages at the rate of Rs.5,00,000/- (Rupees Five Lakhs only) p.m from September, 2010 onwards towards future damages.