Principle

CIVIL PROCEDURE — Pleadings — Variance Between Pleadings and Evidence — Evidence at Variance with Pleadings Goes to No Issue

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Evidence that does not correspond to the pleadings is irrelevant. The court must disregard it. The parties define the issues through their pleadings. The court cannot allow a party to prove a different case from what was pleaded. The principle prevents surprise and ensures fair…

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