Departure - Definition - Law Dictionary Home Dictionary Definition departure

Definition :

Departure [fr. decessus, Lat.], in pleading, when a party deserts the ground that he took in his last antecedent pleading and resorts to another.

The rule against departure was necessary to prevent the retardation of the issue.

By R.S.C. 1883, Ord. XIX., r. 16, it is ordered that 'no pleading, not being a petition or summons, shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.'

Departure with its grammatical variations and cognate expressions, means departure from India by water, land or air. [Passports Act, 1967 (15 of 1967), s. 2 (a)]