AIR 1914 ALLAHABAD 179(2)

Allahabad High Court

Hon'ble Judge(s): Richards , C.J. AND Banerji , J

Civil P.C. (5 of 1908) , O.8 R.2— Defendant's plea not stated in written statement but contained in robkar drawn up at first hearing can be considered by Courts-Practice-Pleadings. In a suit for defendant's ejectment from a house the defendant did not allege in his written statement that he had built the house with the license of the plaintiff. However, a robkar was drawn up in the first hearing wherein the defendant said that the plaintiff had permitted him to occupy the land fifteen years before suit in lieu of service rendered to him and that the defendant had erected some buildings on the land. Held : that the plea raised in the robkar could be considered by Courts.