LEGAL KNOWLEDGE

TOPIC:
Demurrer

MEANING:
Demurrer is a pleading that admits an opponent's point but
denies that it is a relevant or valid argument.
DETAILED INSIGHT:
A demurrer is typically filed near the beginning of a case in
response to the plaintiff filing a complaint or the defendant
answering the complaint. In common law, a demurrer was the
pleading through which a defendant challenged the legal
sufficiency of a complaint in criminal or civil cases. A demurrer
is a type of answer used in systems of Code Pleading,
established by statute to replace the earlier common-law Forms
of Action. While a demurrer admits the truth of the plaintiff's set
of facts, it contends that those facts are insufficient to grant the
complaint in favor of the plaintiff.
RELEVANCE IN INDIA:
The present day system of pleadings in India is based on the
provisions of the Civil Procedure Code, 1908 supplemented
from time to time by rules in that behalf by High Courts of the
States. There are rules of the Supreme Court and rules by
special enactments as well. In Bhavik Bhimjiyani v. Urban
Infrastructure Real Estate Fund and Others Bombay High Court
held that when used in connection with an application seeking
dismissal of a petition on a preliminary or maintainability point,
“demurrer” would not imply automatic admission of facts
contained in the plaint or petition whose dismissal is sought for
by the opposing party.Then concluded that being a preliminary
issue decided on demurrer, the finding of the arbitrator would
remain a preliminary finding subject to the evidence that may
be tendered.