Secundum Allegata ET Probata: The Perils Of Variance Between Pleadings And Evidence

I. INTRODUCTION

The Latin maxim “secundum allegata et probata” lays a fundamental rule of civil litigation, and it means that a case should be decided on what is pleaded and what is proved or according to the pleadings and proof.¹ Indian civil procedure is squarely built upon this idea.

At the outset, the parties must state the material facts in their pleadings. The court then frames issues on that basis and then decides the matter based on the evidence led on those issues. This is the discipline behind Order VI (pleadings) and Order XVIII (evidence) of the Code of Civil Procedure, 1908.

In practice, however, parties frequently attempt to stray far beyond the boundaries of their pleadings. Out of nowhere, new calculations or fresh factual theories may appear for the first time in witness statements, expert reports, or even during the dying moments of final arguments. Including new facts and evidence at a later stage creates unfairness as the other side is left without having