Principle

CIVIL PROCEDURE β€” Pleadings β€” Matters Not Pleaded β€” Court Cannot Base Decision on Unpleaded Issues

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A court cannot base its decision on matters not pleaded. The parties define the scope of litigation through their pleadings. Evidence on unpleaded matters goes to no issue. If a judgment depends entirely on an unpleaded fact, it must be set aside. The principle ensures…

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