Supreme Court DecisionsFresh Pleadings And Evidence under Civil Procedure Code, 1908

Supreme Court while dealing with Evidence, with regard to facts not pleaded ,under Order. 6 Rule 2, 4 & 17 and Order 18 Rule 2 of Civil Procedure Code, 1908 held that

Fresh pleadings and evidence which are in variation to the original pleadings cannot be taken unless the fresh pleadings are incorporated by way of amendment of the pleadings.

[Nandkishore Lalbhai Mehta v. New Era Fabrics (P) Ltd.,(2015) 9 SCC 755]