The Supreme Court has reiterated that in absence of pleading, any amount of evidence will not help the party in a civil suit.
Brief facts of the Case
- In the present case, the plaintiff questioned an adoption deed, executed by late Sudama Singh, who was the father of the plaintiff executed in favour of the defendant in a civil suit.
- It was further argued that there was no adoption by following the necessary formalities and the claim of adoption is false and incorrect.
- After the evidence was closed, the plaintiff filed an application for summoning the 2001 leave records of one Ramesh Chander Singh from Rajput Regiment Centre Fatehgarh.
- It was stated in the application that Ramesh Chander Singh, the father of the defendant was not present during the adoption ceremony and he was on duty on the date of the alleged adoption ceremony.
- The said application was dismissed by the Trial Court on the ground that there was no such pleading in the plaint and also on the ground that such application was filed at the belated stage. This order was upheld by the District Court and the High Court.
Observation made by the Court
In accord with the observation made by the High Court as well as the subordinate Court, the Supreme Court held that in absence of pleading, any amount of evidence will not help the party in a civil suit.
The Court observed that:
“It is fairly well settled that in absence of pleading, any amount of evidence will not help the party. When the adoption ceremony, which had taken place on 14.11.2001, is mentioned in the registered adoption deed, which was questioned in the suit, there is absolutely no reason for not raising specific plea in the suit and to file the application at a belated stage to summon the record to prove that the second respondent- Ramesh Chander Singh was on duty as on 14.11.2001. “
Observing accordingly, the Court dismissed the appeal.
Case: Biraji @ Brijraji vs. Surya Pratap
Citation: C.A.Nos.4883-4884 of 2017
Coram: Justices Ashok Bhushan, R. Subhash Reddy and MR Shah