IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.269 of 2011 Date of decision : August 26, 2011 Baldev Singh …Petitioner. Versus Mohan Lal and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Karan Singh Kanwar, Advocate. For the Respondents : None. Surjit Singh, Judge(Oral) Heard and gone through the record. 2. Petitioner has filed a suit for declaration that he is joint owner, to the extent of 1/7th share in certain property, with defendants-respondents. Defendants- respondents filed written statement, contesting the claim. Issues were framed. After the framing of issues, some of the defendants-respondents executed writing Annexure P-5, in favour of the plaintiff-petitioner, in which they admitted his claim. Petitioner wanted the matter to be disposed of, in terms of that compromise and made an application to the trial Court, in this behalf. That application was dismissed, because the writing is not signed by all the defendants-respondents. Petitioner then moved an application for amendment of the plaint, to take the plea that some of the defendants-respondents Whether reporters of the local papers may be allowed to see the judgment? …2… have admitted his claim. That application has also been dismissed, vide impugned order dated 1st June, 2011 Annexure P-6. Petitioner is now aggrieved by the said order. 3. Learned counsel, representing the petitioner, submits that the petitioner wants to plead, by way of amendment that some of the defendants-respondents have admitted his claim. There is hardly any need for incorporating this plea in the plaint. The writing, in which the claim has allegedly been admitted by some of the defendants-respondents, is in the nature of an admission of the claim of the petitioner, with respect to which suit has already been filed, by some of the defendants- respondents. This document would only prove the case of the plaintiff-petitioner and it does not amount to any facts, forming part of cause of action. Therefore, the admission of the defendants-respondents, contained in writing Annexure P-5, can be proved, in support of the claim of the plaintiff-petitioner, without pleading the same in the plaint, by way of amendment that such an admission is there. 4. One of the basic principles of rules of pleadings is that only the facts are required to be pleaded and not the evidence. Annexure P-5 is in the nature of evidence and not facts, constituting the cause of action, on which the claim of the plaintiff-petitioner is based. …3… Consequently, petition is disposed of with the observation that the plaintiff-petitioner shall be free to prove the aforesaid writing Annexure P-5, while proving his case and leading evidence, in support of the issues, onus of which has been placed on him. Pending application(s), if any, also stand disposed of. August 26, 2011(sd) ( Surjit Singh ), J