Principle

CIVIL PROCEDURE – Pleadings – Judgment Based on Matters Not Pleaded – Effect

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Courts must confine decisions to matters pleaded and in issue between parties. A judgment based on unpleaded matters is wrong and unjust—it opens a new, unexpected battlefield. Such a judgment may cause injustice and erode confidence in the administration of justice. The court cannot introduce…

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