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Civil procedure – Pleadings – Plea of competent and omitted – Relevancy and specification of averments. Court of Session: Dismissing an action in which the pursuer sought reduction of a court decree, missives and a settlement agreement, and damages for alleged breach of missives, the court held that the defender's plea of competent and omitted was well founded, and in any event the pursuer's averments were not sufficiently relevant and specific to support the claims made on record, and taking his averments pro veritate his case must necessarily fail.
Civil procedure – Pleadings – Plea of competent and omitted – Relevancy and specification of averments. Court of Session: Dismissing an action in which the pursuer sought reduction of a court decree, missives and a settlement agreement, and damages for alleged breach of missives, the court held that the defender's plea of competent and omitted was well founded, and in any event the pursuer's averments were not sufficiently relevant and specific to support the claims made on record, and taking his averments pro veritate his case must necessarily fail.
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