Is there someone to discuss law question?

Anwar shah safi · #1 Saturday, August 21, 2010

is there someone to discuss law question?

what is mean by:
departure.
further and better statement

(KanWaL) · #2 Saturday, August 21, 2010

DEPARTURE,
In pleading. Said to be when a party quits or departs from the case, or defence, which he has first made, and has recourse to another; it is when his replication or rejoinder contains matter not pursuant to the declaration, or plea, and which does not support and fortify it.
The following example will illustrate what is a departure: if to assumpsit, the defendant plead infancy, and to a replication of necessaries, rejoin, duress, payment, release, &c., the rejoinder is a departure, and a good cause of demurrer, because the defendant quits or departs from the case or defence which he first made, though either of these matters, newly pleaded, would have been a good bar, if first pleaded as such.
2. A departure in pleading is never allowed, for the record would, by such means, be spun out into endless prolixity; for he who has departed from and relinquished his first plea, might resort to a second, third, fourth, or even fortieth defence; pleading would, by such means, become infinite. He who had a bad cause, would never be brought to issue, and he who had a good one, would never obtain the end of his suit.

sana_krn · #3 Saturday, August 21, 2010

brother it will be better if u elobrate ur question

Habib orakzai · #4 Sunday, August 22, 2010

departure in pleading means,
when the parties depart from the points of facts or law which they have pleaded in thier pleadings. In law, the parties are not allowed to mention fresh grounds after written statement, they are bound to state their whole case in pleadings, later on they are not allowed to depart from their grounds and mention fresh ones except with the permission of the court. the court may allow the parties to submit rejoinder or additional written statement or, amend their pleadings but again such permission or amendment should not change the scope of main case. this practice is not so common in pakistan.

Anwar shah safi · #5 Sunday, August 22, 2010

Quote:

Originally Posted by Habib orakzai

departure in pleading means,
when the parties depart from the points of facts or law which they have pleaded in thier pleadings. In law, the parties are not allowed to mention fresh grounds after written statement, they are bound to state their whole case in pleadings, later on they are not allowed to depart from their grounds and mention fresh ones except with the permission of the court. the court may allow the parties to submit rejoinder or additional written statement or, amend their pleadings but again such permission or amendment should not change the scope of main case. this practice is not so common in pakistan.

i think it is just like estoppel.if i am right then whats the difference?what is mean by further and better statement?i will wait .thanks

Habib orakzai · #6 Monday, August 23, 2010

NO

Bro estoppel has its own scope. plz read the scope and essentials of estoppel and it'll be cleared to you.
Further and better statement simply means REJOINDER, reply filed by plaintiff in answer of written statement. Or it means explanation of facts of plaint/written statement.

Habib orakzai · #7 Monday, August 23, 2010

In estoppel, one is estopped from denying what he has said or done before whereas, departure is, when one departed from his statement in pleadings and mention new grounds, so the scope of estoppel is totally different.

Anwar shah safi · #8 Tuesday, August 24, 2010

thank you brother you have clear my mind abut these topics.may i ask more question if you dont mind

Habib orakzai · #9 Wednesday, August 25, 2010

ya sure!
we all are here to help each other.

aleesha786 · #10 Wednesday, August 25, 2010

Quote:

Originally Posted by Habib orakzai

departure in pleading means,
when the parties depart from the points of facts or law which they have pleaded in thier pleadings. In law, the parties are not allowed to mention fresh grounds after written statement, they are bound to state their whole case in pleadings, later on they are not allowed to depart from their grounds and mention fresh ones except with the permission of the court. the court may allow the parties to submit rejoinder or additional written statement or, amend their pleadings but again such permission or amendment should not change the scope of main case. this practice is not so common in pakistan.

a.a. brother thanks for using eassy language and clearing topic effectivly . if u have any idea about useful legal dictionary , please recommend me. ALLAH bless u !

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The Following User Says Thank You to Anwar shah safi For This Useful Post:
(KanWaL) (Saturday, August 21, 2010)

The Following User Says Thank You to (KanWaL) For This Useful Post:
Anwar shah safi (Sunday, August 22, 2010)

The Following 2 Users Say Thank You to Habib orakzai For This Useful Post:
aleesha786 (Wednesday, August 25, 2010), Anwar shah safi (Sunday, August 22, 2010)