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    <title>1949 (12) TMI 43 - PRIVY COUNCIL</title>
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    <description>A declaration cannot stand where it is founded on an issue not raised by the pleadings and expressly outside the case put forward by the parties. The dispute was confined to the location from which gravel had been taken and whether that area formed part of the stream bed, but relief was granted on a different question without proper amendment or evidence on that issue. Because a court must decide only the issues framed by the pleadings, the declaration was set aside and the matter remitted for determination of the pleaded issues, including any additional issues allowed by amendment.</description>
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    <pubDate>Thu, 15 Dec 1949 00:00:00 +0530</pubDate>
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      <title>1949 (12) TMI 43 - PRIVY COUNCIL</title>
      <link>https://www.taxtmi.com/caselaws?id=293030</link>
      <description>A declaration cannot stand where it is founded on an issue not raised by the pleadings and expressly outside the case put forward by the parties. The dispute was confined to the location from which gravel had been taken and whether that area formed part of the stream bed, but relief was granted on a different question without proper amendment or evidence on that issue. Because a court must decide only the issues framed by the pleadings, the declaration was set aside and the matter remitted for determination of the pleaded issues, including any additional issues allowed by amendment.</description>
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      <pubDate>Thu, 15 Dec 1949 00:00:00 +0530</pubDate>
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