T. MURALIDHAR Vs. PVR MURTHY

JUDGEMENT

(1.) What is not the pleaded, cannot be proved, what is admitted need not be proved. It is this fundamental principle which binds every court. It is this very principle which shall be violated if the present appeal is accepted.

(2.) On the 28th of July, 2009, the appellant had filed CS(OS)No.1397/2009 against the respondent. For the purpose of convenience, we propose to refer to the parties as plaintiff and defendant in the present judgment. Besides the residual prayer, the plaintiff sought the following prayers:

(3.) The defendant filed a written statement and the matter was listed on the 29th of August, 2013 for framing of issues. The following issues were framed by the court: