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Bare acts > Code of Civil Procedure, 1908 > Order 6 Rule 4
 
  


 

4. Particulars to be given where necessary.- In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, willful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with date and items if necessary) shall be stated in the pleading.

HIGH COURT AMENDMENT

KARNATAKA.- Re-number Rule 4 as Rule 4 (1) and add the following as Rule 4 (2):

“(2) In a suit for infringement of a patent, the plaintiff shall state in his plaint or annex thereto the particulars of the breaches relied upon, and the defendant if he disputes the validity of the patent shall state in his written statement or annex thereto the particulars of the objections on which he relies in support of such invalidity; at the hearing of any such suit no evidence shall, except with the leave of the Court (to be given upon such terms as to the Court may seem just), be admitted in proof of any alleged infringement or objections not raised in the particulars of breaches or objections respectively.” (30.3.1967).

Rule 4-A

STATE AMENDMENT

(As inserted by States)

MADHYA PRADESH.- Alter Rule 4, the following shall be inserted, namely:

“4-A. Particulars of pleading for agricultural land.— In any suit or proceeding contemplated under Rule 3-B of Order 1, the parties, other than the State Government shall plead the particulars of total agricultural land which is owned, claimed or held by them in any right and shall further declare whether the subject matter of suit or proceeding is or is not covered by Madhya Pradesh Ceilling on Agricultural Holdings Act, 1960 (No. 20 of 1960) and whether any proceedings in relation to such subject matter are to the knowledge of the party pending before the competent authority.” M.P. Act. No. 29 of 1984 (w.e.f. 14-8 1984).

ANDHRA PRADESH.- Same as that of Madras.

KERALA LACCADIVE, MINICOY AND AMINDIVI ISLANDS.- Same as that of Madras (9.6.1959).

Madras and Pondicherry.- Insert the following after Rule 4:

“4-A. (1) In a suit for infringement of a patent, the plaintiff shall state in his plaint or annex thereto the particulars of breaches relied upon.

(2) In any such suit the defendant if he disputes the validity of the patent shall state in his written statement or annex thereto the particulars of the objections on which he relies in support of such invalidity.

(3) At the hearing of any such suit no evidence shall, except by leave of the Court (to be given upon such terms as to the Court may seem just), be admitted in proo( bf any alleged infringement or objections not raised in the particulars of breaches or objections respectively.” (R.O.C. 2770/44).

 

 

 

 

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