Saturday, 16 June 2018

Whether court should consider any evidence adduced without pleading?

In response to issue number two, we are concerned here with the custom of adopting married sons in the community of the Appellant. The only evidence, the Appellant has adduced, is his own testimony and a word of a priest who had performed the ceremony. A general custom which the Appellant intends to prove requires greater proof than the one Appellant adduced before the court. Moreover, there is no dispute with regard to the fact that the Appellant did not plead in his written statement about existence of any custom as such. Parties to a suit are always governed by their pleadings. Any amount of evidence or proof adduced without there being proper pleading is of no consequence and will not come to the rescue of the parties.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 6378 of 2013

Decided On: 22.11.2017

 Ratanlal  Vs.  Sundarabai Govardhandas Samsuka 

Hon'ble Judges/Coram:
N.V. Ramana and Amitava Roy, JJ.

Citation: (2018) 11 SCC 119.
Read full judgment here: Click here


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