A CIVIL SUIT DEPENDS ON THE PLEADINGS

26 Mar 2018 2 Comments

by Author Y.Srinivasa Rao Judge in RECENT ARTICLES ON LAW- WRITTEN BY A JUDGE

Introduction:
Every party to a civil case has to take proper pleadings and establish the
same by adducing cogent evidence. where the evidence is not in line with
the pleadings and is at variance with it, the said evidence cannot be looked
into or relied upon. In this article, I intend to extract some important
citations for the benefit of advocates, judicial officers, law students and
litigant public to know the importance of pleadings in a civil case. The
basis for this article is Kalyan Singh Chouhan vs C.P.Joshi case. On 24
January, 2011, the Hon’ble Supreme Court delivered a land mark ruling in
Kalyan Singh Chouhan vs C.P.Joshi, Civil Appeal No. 870 OF 2011
(Arising out of SLP (C) NO. 16944 OF 2010). In fact, it is an election
petition. In this judgment, the Apex Court explained the general principles
relating to ‘pleadings in civil cases‘. If we go through the following rulings,
we can understand the general principles relating to importance of
pleadings in civil cases.
AIR 1995 SC 2284
Gajanan Krishnaji Bapat & Anr. v. Dattaji Raghobaji Meghe & Ors
The Hon’ble Supreme Court held that the court cannot consider any fact
which is beyond the pleadings of the parties. The parties have to take
proper pleadings and establish by adducing evidence that by a particular
irregularity/illegality the result of the election has been materially affected.
Sri Mahant Govind Rao v. Sita Ram Kesho, (1898) 25 Ind. App. 195;
M/s. Trojan & Co. v. RM. N.N. Nagappa Chettiar, AIR 1953 SC 235;
Raruha Singh v. Achal Singh & Ors.; AIR 1961 SC 1097; Om Prakash
Gupta v. Ranbir B. Goyal, AIR 2002 SC 665; Ishwar Dutt v. Land
Acquisition Collector & Anr., AIR 2005 SC 3165; and State of
Maharashtra v. Hindustan Construction Company Ltd., (2010) 4 SCC
518.
Pleadings and particulars are required to enable the court to decide the
rights of the parties in the trial. Thus, the pleadings are more to help the
court in narrowing the controversy involved and to inform the parties
concerned to the question in issue, so that the parties may adduce
appropriate evidence on the said issue. It is settled legal proposition that as
a rule relief not founded on the pleadings should not be granted.; Therefore,
a decision of a case cannot be based on grounds outside the pleadings of the
parties. The pleadings and issues are to ascertain the real dispute between
the parties to narrow the area of conflict and to see just where the two sides
differ.
AIR 1987 SC 1242
Ram Sarup Gupta (dead) by L.Rs. v. Bishun Narain Inter College &
Ors.
The Apex Court held as under:
It is well settled that in the absence of pleading, evidence, if any, produced
by the parties cannot be considered. It is also equally settled that no party
should be permitted to travel beyond its pleading and that all necessary and
material facts should be pleaded by the party in support of the case set up
by it. The object and purpose of pleading is to enable the adversary party to
know the case it has to meet…….. In such a case it is the duty of the court
to ascertain the substance of the pleadings to determine the question.
AIR 2009 SC 1103
Bachhaj Nahar v. Nilima Mandal & Ors.
The Supreme Court held as under:
The object and purpose of pleadings and issues is to ensure that the
litigants come to trial with all issues clearly defined and to prevent cases
being expanded or grounds being shifted during trial. Its object is also to
ensure that each side is fully alive to the questions that are likely to be
raised or considered so that they may have an opportunity of placing the
relevant evidence appropriate to the issues before the court for its
consideration.
The object of issues is to identify from the pleadings the questions or points
required to be decided by the courts so as to enable parties to let in
evidence thereon. When the facts necessary to make out a particular claim,
or to seek a particular relief, are not found in the plaint, the court cannot
focus the attention of the parties, or its own attention on that claim or
relief, by framing an appropriate issue…….. Thus it is said that no amount
of evidence, on a plea that is not put forward in the pleadings, can be
looked into to grant any relief.
The jurisdiction to grant relief in a civil suit necessarily depends on the
pleadings, prayer, court fee paid, evidence let in, etc.
AIR 1956 SC 231
J.K. Iron & Steel Co. Ltd, Kanpur v. The Iron and Steel Mazdoor
Union, Kanpur,
the Supreme Court observed: It is not open to the Tribunals to fly off at a
tangent and, disregarding the pleadings, to reach any conclusions that they
think are just and proper.
Order XIV Rule 1 CPC reads:
Issues arise when a material proposition of fact or law is affirmed by
the party and denied by the other.
Therefore, it is neither desirable nor required for the court to frame an issue
not arising on the pleadings. The Court should not decide a suit on a
matter/point on which no issue has been framed.
Raja Bommadevara Venkata Narasimha Naidu & Anr. v. Raja
Bommadevara Bhashya Karlu Naidu & Ors., (1902) 29 Ind. App. 76
(PC); Sita Ram v. Radha Bai & Ors., AIR 1968 SC 535; Gappulal v.
Thakurji Shriji Dwarkadheeshji & Anr., AIR 1969 SC 1291; and
Biswanath Agarwalla v. Sabitri Bera, (2009) 15 SCC 693.
(1894-95) 22 Ind. App. 4 (PC).
Sayad Muhammad. v. Fatteh Muhammad
The object of framing issues is to ascertain/shorten the area of dispute and
pinpoint the points required to be determined by the court. The issues are
framed so that no party at the trial is taken by surprise. It is the issues fixed
and not the pleadings that guide the parties in the matter of adducing
evidence.
(2003) 8 SCC 740
Kashi Nath (Dead) through L.Rs. v. Jaganath
The ApexCourt held that where the evidence is not in line with the
pleadings and is at variance with it, the said evidence cannot be looked into
or relied upon. While deciding the said case, this Court placed a very heavy
reliance on the judgment of the Privy Council in Siddik Mohd. Shah v.
Saran, AIR 1930 PC 57.
Nagubai Ammal & Ors. v. B. Shama Rao & Ors., AIR 1956 SC 593;
Nedunuri Kameswaramma v. Sampati Subba Rao, AIR 1963 SC 1 884;
Kunju Kesavan v. M.M. Philip & Ors., AIR 1964 SC 164; Kali Prasad
Agarwalla (dead) by L.Rs. & Ors. v. M/s. Bharat Coking Coal Ltd. &
Ors., AIR 1989 SC 1530; Sayed Akhtar v. Abdul Ahad, (2003) (7) SCC
52; and Bhuwan Singh v. Oriental Insurance Co. Ltd., AIR 2009 SC
2177.
There may be an exceptional case wherein the parties proceed to trial fully
knowing the rival case and lead all the evidence not only in support of their
contentions but in refutation thereof by the other side. In such an
eventuality, absence of an issue would not be fatal and it would not be
permissible for a party to submit that there has been a mis-trial and the
proceedings stood vitiated.
Conclusion:-
As was pointed out by the Hon’ble Supreme Court in Kalyan Singh
Chouhan‘s case (supra), there may be an exceptional case wherein the
parties proceed to trial fully knowing the rival case and lead all the
evidence not only in support of their contentions but in refutation thereof
by the other side. In such an eventuality, absence of an issue would not be
fatal and it would not be permissible for a party to submit that there has
been a mis-trial and the proceedings stood vitiated. Therefore, in view of
the above, it is evident that the party to a civil case must plead the material
fact and substantiate its averment by adducing sufficient evidence. The
court cannot travel beyond the pleadings and the issue cannot be framed
unless there are pleadings to raise the controversy on a particular fact or
law. It is, therefore, not permissible for the court to allow the party to lead
evidence which is not in the line of the pleadings. Even if the evidence is
led that is just to be ignored as the same cannot be taken into consideration.
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