LEGAL PRINCIPLE: EVIDENCE LAW — Pleadings — Facts Pleaded But Not Proved — Effect

A party must prove the facts pleaded. If evidence is not led on pleaded facts, those facts go to no issue. The court cannot consider them. The principle reinforces the rule that parties are bound by their pleadings and must adduce evidence to support them. Failure to prove pleaded facts means that aspect of the case fails. The court will not assume the truth of unproven allegations. The rule applies to both plaintiffs and defendants. The party bears the burden of proof for each material fact pleaded. The principle ensures that only proved facts form the basis of judgment. The court may strike out unproven claims or defences.