Scandal in pleadings: offensive but irrelevant allegations are barred, while material accusations may be pleaded. Scandal in pleadings denotes allegations offensive to court dignity or decency that charge a crime or attack moral character when unnecessary to the cause; an allegation is scandalous only if both objectionable in content and irrelevant to the issues. Conversely, allegations of false representation, fraud or immorality are permissible where material and necessary to establish a claim or defence.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Scandal in pleadings: offensive but irrelevant allegations are barred, while material accusations may be pleaded.
Scandal in pleadings denotes allegations offensive to court dignity or decency that charge a crime or attack moral character when unnecessary to the cause; an allegation is scandalous only if both objectionable in content and irrelevant to the issues. Conversely, allegations of false representation, fraud or immorality are permissible where material and necessary to establish a claim or defence.
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