Principle

CIVIL PROCEDURE – Pleadings – Party Bound by Pleadings and Evidence at Variance

Area of law: CIVIL PROCEDURE
Court: Supreme Court

Pleadings define the issues. Evidence on unpleaded facts is irrelevant. The court must disregard such evidence. The principle ensures fair notice and prevents surprise. The party cannot prove a different case from what was pleaded. The rule applies to both plaintiffs and defendants. The court…

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