Mohan Hirachand Shah vs Geeta Kumarchand Shah 2024 INSC 222 – Pleadings – SLP Scope

Pleadings – In absence of pleading, any amount of evidence will not help the party – Referred to Biraji @ Brijraji and Anr. v. Surya Pratap (2020) 10 SCC 729,Bachhaj Nahar v. Nilima Mandal (2008) 17 SCC 491, Ram Sarup Gupta (Dead) by LRs v. Bishun Narain Inter College (1987) 2 SCC 555 and Anathula Sudhakar v. P. Buchi Reddy (Dead) (2008) 4 SCC 594. (Para 23)

Constitution of India, 1950; Article 136- Despite dealing with the appeal after granting special leave, Court not bound to go into merits and even if it did so by declaring the law or point out the error, the Court still did not see the need for interference because the facts of the matter did not require interference or that the relief prayed for could be moulded in a different fashion — Referred to Taherakhatoon (D) by LRS v. Salambin Mohammad (1999) 2 SCC 635 -Discretionary jurisdiction under Article 136 of the Constitution of India need not be exercised by this Court wherein impugned judgement is even found to be erroneous, for justice on the main issues has been done by the judgement of a court- Referred to Chandra Singh and Ors. v. State of Rajasthan (2003) 6 SCC 545.

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