In a recent judgment, the Supreme Court, in the matter of Srinivas Raghavendrarao Desai (dead) by LRS. V/s V. Kumar Vamanrao @ Alok and Ors., underscored the importance of strict adherence to pleadings in a case, ruling that evidence not forming part of the pleadings cannot be introduced during the trial.
The bench, comprising Justices C.T. Ravikumar and Rajesh Bindal, emphasized that no evidence could be led beyond the scope of pleadings. Justice Rajesh Bindal, while authoring the judgment, stated, “There is no quarrel with the proposition of law that no evidence could be led beyond pleadings.”
The case centered around the challenge by the plaintiff/respondent against the sale of the suit property by the appellant/defendant no.7 to defendant no.9. The plaintiff contended that the 1965 partition did not authorize the appellant to sell the property, asserting that the appellant lacked title as per the 1965 partition.
The Supreme Court criticized the High Court for relying on the 1965 partition, pointing out that it was not even part of the plaintiffs’ pleaded case. “The High Court committed a grave error in placing reliance upon the partition allegedly effected in the year 1965, as it is not even the pleaded case of the plaintiffs in the suit that there was any partition of the family properties in the year 1965,” the court observed.
Furthermore, the court highlighted that the plaintiffs’ attempt to amend the pleadings regarding the 1965 partition was rejected by the trial court and not challenged further. The court ruled that the subsequent attempt to introduce this partition through a replication would not be considered, emphasizing that what is not permitted directly cannot be allowed indirectly.
As a result, the Supreme Court allowed the appeal, setting aside the High Court’s findings and upholding the sale deed executed by the now-deceased appellant in favor of defendant No. 9 regarding Survey No. 106/2. The judgment reinforces the principle that parties must diligently present their case within the confines of pleadings to ensure a fair and just legal process.
