Srinivas Raghavendrarao Desai (D) vs V Kumar Vamanrao @ Alok 2024 INSC 165 :: [2024] 3 S.C.R. 46 – No Evidence Beyond Pleadings

Pleadings – No evidence could be led beyond pleadings. [ It is not a case in which there was any error in the pleadings and the parties knowing their case fully well had led evidence to enable the Court to deal with that evidence. In the case in hand, specific amendment in the pleadings was sought by the plaintiffs with reference to 1965 partition but the same was rejected. In such a situation, the evidence with reference to 1965 partition cannot be considered – The Trial Court had rightly ignored the plea taken in the replication by the plaintiffs regarding oral partition of 1965, as amendment sought to that effect had already been declined. What was not permitted to be done directly cannot be permitted to be done indirectly.]

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