Principle

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

Area of law
CIVIL PROCEDURE
Court
Supreme Court

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…

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