The Inspiring Case of Jose Joseph Johnson

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Roshan D. Alexander, the learned counsel for the appellant and the first respondent respectively. The learned 3 MAT.

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The emphasis is that singular is used without indicating to whom it refers to. It is also submitted that the defective pleadings had been expanded and developed at the trial. The expansion or development was that evidence was given to the effect that the amount was handed over to the appellant by the uncle of the first respondent. For these reasons, according to the learned counsel, the first respondent was not entitled to a decree for money. We are afraid, we are unable to accept the arguments of the learned counsel.

What order 6 rule 2 of CPC insists on is that every pleading shall contain a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be. That means what is to be pleaded is the material facts. Order 6 rule 2 specifically states that evidence should not be pleaded. The entrustment could be with the appellant or his mother, the second respondent.

It is not possible for us to think that the appellant was in any manner misguided by paragraph 4 of the original petition. That is clear from the objection filed by him. He stated that he was not entrusted with any money. The purpose or object of pleading is that the other side should not be taken by surprise at the trial. The pleadings in original petition cannot be said to have misled the appellant. He did understand that the allegation was against him that the money was entrusted with him.

The material facts to be pleaded were the entrustment of money and to whom it was entrusted with. Those are available in paragraph 4 of the original petition. It may be true that the first respondent could have raised better pleadings. But, the pleadings did not mislead the appellant. The learned counsel for the appellant relied on a few decisions. One of the decisions was that of the Rajasthan High Court. That was a case where subletting was alleged without stating who the sub-lessee was.

That is not the situation in the present case. Here, the first respondent did not give evidence that the money was entrusted with any person other than the appellant. Sundar AIR Karnataka That was a case where evidence was let in to prove the instances or episodes of cruelty not pleaded. The said decision also does not apply to the facts of, and the situation in, the present case. The apex court holds that a party cannot be allowed generally to expand his pleadings during trial.

It is also held that a case not specifically pleaded can be considered by the court only where the pleadings in substance, though not in specific terms, contain the necessary averments to make out a particular case and the issues framed also generally covered the question involved and the parties proceeded on the basis that such case was at issue 6 MAT.

It is also held that such expansion is permissible only in exceptional cases. In the present case, there has been no such expansion of the pleadings. Material facts were pleaded. But a mistake was committed by stating that the entrustment was with the 'respondent'. The appellant cannot magnify the said small defect to demolish the entire case of the first respondent. In this context it is apposite to refer to the decision of a full bench of this court. The full bench holds that if the court finds that no prejudice has been caused to the opposite side, it is not proper to deny relief on the ground of defect in pleadings.

The said decision of the full bench is apt in the present situation. We shall move on to the evidence. PW1 is the first respondent herself. She in her proof affidavit swore to her case of entrustment. She in cross-examination clarified that the payment was made on PW1 asserted that the handing over of money took place in her presence. There has been no further cross-examination to 7 MAT. We do not find anything to disbelieve the evidence of PW1, particularly the evidence elicited in cross-examination.

PW2 is the mother of PW1. PW2 also spoke to the entrustment. Ext A1 is the passbook of PW2. The betrothal was on the very next day, The learned counsel for the appellant submits that PW2 is a person who cannot be believed at all. The document sought to be received is the relevant page of the loan ledger maintained in the said bank. According to the learned counsel, PW2 lied in court that she had no account in the said bank.

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We do not see any valid reason stated in I. It was possible to obtain the said document before trial. We are not satisfied of any of the conditions contained in order 41 rule 27 of C. C for reception of additional evidence. We therefore dismiss I.

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But it should not go without notice that PW2 did not deny the maintenance of an account in the said bank. PW2 did not say that she had no account in that bank. What she stated was only that she did not mortgage any property to obtain a loan from that bank and that no recovery proceedings were initiated against her.

So we do not find any reason, much less the reason stated by the learned counsel, to disbelief PW2. The evidence of PW1 and PW2 does inspire confidence. Go to your juicer and just juice that. That liquid on its own is amazing. If you add some vinegar and some oil, 2. If you add more oil and more vinegar, becomes a dressing.

You can make a soup, you can make a drink. All of a sudden you can make a dressing to toss your salad over the same vegetable where the juice comes from. All of a sudden the leftovers of making the juice, some people throw in the garbage, some people, like in my house, do composting, or you use it to make the fried rice. You see, everything in the vegetable world technically can be always reused.

It's not something we can say from the meat world. Whereas meat, once you've done it, it's cooked. I guess you can put it in the corned beef hash. The vegetable, the amazing thing is that the entire holistic circle of life, degrees always happens. I see it when I'm composting at my house for many years now. I'm very lucky that I have a little house outside Washington and I have a little garden and I have an area for composting.

I just wait to see that instead of throwing the vegetable scraps in the garbage, we go and we make compost and that then is helping me grow my asparagus, whatever I'm planting. Also, we describe in the book, we use the scraps sometimes to make a stock. You see, this is a good way to be using-.

Rather than compost the vegetables we boil it and make a caldo — a vegetable stock. Potatoes, some pasta. Right there you have a great broth, a great consomme of vegetable that somehow they were about to be thrown in the garbage. It's a very smart way to be using vegetables. Some people are talking about the need to eat non-meat, and they're talking about the Impossible Burger. They're trying to create a burger meat that isn't as harmful to the environment as beef is.

You have a great riff in here about the Impossible Burger.

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With Matt, we wrote this essay because I'm very happy that we are addressing that already in this book because this kind of experimentation is something that is happening. Every single fast food company right now, as we're speaking, are incorporating that new product into their menus. The question here is, can we produce a protein that comes from the vegetable world that somehow has the mouth-feel and behaves-. And umami, but that behaves like almost meat.

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What we call, we can call it fake meat. Me, I prefer to call this is another form of vegetables, a new product that can be part of our diets. Not any different than tofu that we make out of the soy milk that we are able to coagulate with a little bit of heat.

In the end, anything that is to create more vegetables or things that come from the vegetable world, I think is very smart.