Departure in Pleading

Querist :
Anonymous
(Querist) 18 December 2010
This query is : Resolved
Ld counsels,
What is departure in pleading. Kindly provide citations that rejects pleadings in a petition due to departure.
Thanks
Y V Vishweshwar Rao
(Expert) 19 December 2010
The Pleadings in a suit are foundation for claim/s - In Interim Petitions like IA /Petition , any deviation from main frame of the suit / Suit pleadings in IA/Petitions is deviation/ Departure from Suit pleadings - It will defer from case to case depending on the facts of each case !