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…While it may be desirable to plead such an important point of law in one’s pleadings failure to do so in my view does not preclude the plaintiff from adducing and relying on such evidence.…

…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…

…I have carefully considered all the pleadings and submissions made in this matter.…

…This led to the subsequent pleadings being wrongly headed. However, I do not think that this affects the substances and merits of the matter and decide the same on merits.…