LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Unpleaded Facts — Evidence on Matters Not Pleaded Must Be Ignored

Unpleaded facts are not part of the issues for determination. The court cannot receive evidence on them. If such evidence is erroneously admitted, it must be ignored. The principle prevents trial by ambush. The opposing party must have notice of the case to meet. The court will not consider unpleaded matters, even if evidence is led. The party must amend the pleadings to introduce new facts. The rule applies to both oral and documentary evidence. The court’s decision must be based on pleaded and proved facts. The principle is fundamental to civil procedure. The court will strike out evidence on unpleaded matters.