24 October 2020

Relief not founded on the pleadings should not be granted

Pleadings and particulars are necessary to enable the court to decide the rights of the parties in the trial. Therefore, the pleadings are more of help to 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.
Relief not founded on the pleadings should not be granted
It is a settled legal proposition that "as a rule relief not founded on the pleadings should not be granted". 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. (Vide: M/s. Trojan & Co. v. RM N.N. Nagappa Chettiar, AIR 1953 SC 235; State of Maharashtra v. M/s. Hindustan Construction Company Ltd., AIR 2010 SC 1299; and Kalyan Singh Chouhan v. C.P. Joshi, AIR 2011 SC 1127).[Para No.7]

Supreme Court of India

National Textile Corporation Ltd.
Naresh Kumar Badrikumar Jagad

(2011) 12 SCC 695

Thanks to the Stay Home constrain occurred due to Corona Virus (COVID-19) that provided the Author an opportunity to conceptualize this blog!     ❁     This blog is designed & maintained by Adv. Jainodin Shaikh, Jalgaon
Adv. Jainodin's Legal Blog