AIR 1958 PUNJAB 361 ::60 Pun LR 161 ::ILR (1958) Punj 682

Punjab High Court

Hon'ble Judge(s): Tek Chand , J

(A) Displaced Persons (Debts Adjustment) Act (70 of 1951) , S.13— Debt Laws - Application under - Allegation that cause of action arose in place now forming part of Pakistan - Application of maxim secundum allegata et probata. ^Maxims - Secundum allegata et probata. Displaced Persons (Institution of Suits) Act (47 of 1948) , S.4(ii)— Civil P.C. (5 of 1908) , O.7 R.1— In a claim under S. 13 of the Act the plaintiff had stated that he was a displaced person, while the defendant resided at Gurdaspur. He then averred that the claim was within time under the provisions of the Displaced Persons Litigation legislation and under the provisions of Act No. 70 of 1951. In the corresponding paragraph of the written-statement, this plea was traversed. The plaintiff in his replication reiterated what was previously stated in the plaint and affirmed that the claim was within time. It @page-Punj362 was contended by the defendant that there was no allegation in the plaintiff's plea as required by S. 4 (ii) of Act 47 of 1948 that the cause of action arose in a place now situate in Pakistan. Held that in view of the averment in the application it could not be said that the plaintiff had not taken the plea. The maxim secundum allegata et probata did not apply to the facts of this case.(Para 10) ....