Demurrer - Indian Laws - General

Demurrer In Black s Law dictionary , 10th Edition, Bryan A. Garner, the word demurrer has been described as:- Demurrer. [Law French demorer to wait or stay ] (16c) A pleading stating that although the facts alleged the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame answer. In most jurisdictions, such a pleading is now termed a motion to dismiss, but demurrer is still used in a few states, including California, Nebraska, and Pennsylvania. (See Pleading (quot.). Cf. Denial (3). The word demurrer, derived from the Latin demorari, or the French demorer, meaning to wait or stay , imports that the party demurring waits or stays in his proceedings in the action until the judgment of the court is given whether he is bound to answer to so insufficient a pleading. Each party may demur to what he deems an insufficient pleading of the other. The demurrer was general when it was to matter of substance; it was special when it was made to matter of form, and must specifically point out the defect. Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 15 (2d ed. 1899) LINDSAY INTERNATIONAL PVT. LTD. AND ORS. VERSUS LAXMI NIWAS MITTAL AND ORS. - 2017 (9) TMI 1977 - CALCUTTA HIGH COURT