Bank Of Baroda vs Suresh Singh Dangi on 3 February, 2012
In my considered
opinion in view of the decision in Municipal Corporation of the City of
Jabalpur v. State of M.P. and another(supra) as well as in Bachhaj
Nahar v. Nilima Mandal and another(supra) this Court would have to
RSA No. 1099 of 2009 7
limit the appellant strictly to its pleadings. To do otherwise would have a
far reaching and cascading effect on the basic principles of Civil Procedure
which have been enunciated in the two decisions mentioned above. Every
litigant would then be at liberty to ignore its own pleadings, lead evidence
foreign to the pleadings and argue against the record. As noticed above in
the present case no attempt was made by the appellant to amend the written
statement though an application to amend the grounds of appeal in this
Court was moved and even in that it was not mentioned that there was a
misprint in the written statement as it has been sought to be argued today.