Principle

CIVIL PROCEDURE – Pleadings – Binding Nature – Evidence at Variance with Pleadings

Area of law
CIVIL PROCEDURE
Court
Supreme Court

This reinforces fundamental pleading principle. Parties are bound by pleadings—cannot depart from them through evidence. Evidence at variance with pleadings: contradicts averments, introduces unpleaded matters, or changes case as structured in pleadings. Such evidence: "goes to no issue raised or joined," doesn't address pleaded matters,…

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