Pleadings:

1. Definition:
Written document. For record purpose which contains facts (ONLY) / allegation /

denial / defences / damages / pleas/ prayers / interest / cost/ statements / etc

Prepared by the parties (Plaintiff / Defendant) and file the same in the Court
If exchange documents without filing to the court pleading. It is just an

exchange
Exchange = service ROC Order 10 + Order 62

2. Types:
Statement of Claim (Plaintiff)
Statement of Defence & Counter Claim (Defendant)
Reply to Statement of Defence & Counter Claim (Plaintiff)
3. General Rule:
Blay v Pollard & Morris:
o Court can only decide on issue stated in pleadings. If want to try other

issue, need put amendment to insert, and is subject to objection.

Chartered Bank v Yong Chan:
o Plaintiff / Respondent (Yong Chan) suing Defendant / Appellant under
libel (defamation), which is a cause of action under tort, saying that the
bank has defamed him when his cheque is dishonoured
o The defences put forward by the bank in the SOD says that the cause of
action of libel is statutory barred, torts, 6 years, Section 6(1) of the
Limitation Act
o Defences under statutory barred has to be pleaded (Section 4 of the
Limitation Act)
o Should strike out SOC
o Instead, Court give damages for breach of contract to Yong Chan (Actually
Court should not do so as Yong Chan claimed for libel, but why was he
granted breach of contract which is not pleaded instead?)
o Bank appeal and on appeal, it is held that issues that are not pleaded shall
not be granted, SOC dismiss and Bank wins the case
o Parties bound by their pleading. What you claim is what you get. Nothing
more.

4. Exceptions: (There are four exceptions. Can Court decide on issue not pleaded?)

First exception: Illegality

o Wai Hin Ting Mining Co Ltd v Lee Chow Beng
o Illegality must be pleaded

o Here, it is not pleaded in SOD (illegality)

o Plaintiff suing defendant for breach of contract. During course of trial,
need to adduce evidence to prove facts. Contract is adduced.
o Court found that purpose of the contract entered by both parties is for
defendant to borrow money from plaintiff to purchase shares from the
plaintiffs company (Company Law Insider Trading Cannot
Illegal)
o Court held that the contract is illegal and that illegal contract cannot be
enforced.
o SOC is struck out even though SOD did not plead illegality
o So here, even if defendant did not plead illegality as defence in SOD, the

Court will grant

Second exception: Lack of jurisdiction
o Rengasamay v Annamalai
o RM150,000 Section 65(1)(B) of the Subordinate Courts Act Above
RM100,000 is a Sessions Court case
o But here, the case is wrongly filed in Magistrate Court instead
o Lack of jurisdiction not pleaded in SOD by the defendant. Halfway on the
trial, Magistrate just realized that they dont have the jurisdiction to try the

case
o Liberty to start again
Third exception: Point not pleaded but presented and developed without
objection
o Present it and developed without objection
o It is not pleaded, therefore not mention in the pleadings
o Kalliamal v Manickam
o During course of trial (There are three stages. Examination-in-Chief [EIC],
Cross-Examination [CE] and Re-Examination [RE])
o Chain of accrued debt not pleaded in SOC (Already expired)
o Plaintiff cross-examined the defendant, defendant admitted he still owes
plaintiff money fresh accrual of debt (developed but no objection)
o Became part of the claim for plaintiff even though the plaintiff did not
plead it in his SOC
o If there is objection by the opposite party = cannot (Example: Counsel for
the defendant informed to the Court that the plaintiff did not plead this
particular point in his SOC but during the EIC/CE/RE today, he mentioned
this particular point that is not pleaded this exception wont work)

Fourth Exception: The Wisma Puncak Emas exception

o Joining property by plaintiff and defendant

o Separated by wall and wall falls to plaintiffs side

o Plaintiff sues D for damages on basis of trespass/encroachment (tort)
o Court grant damages on trespass/encroachment (as claimed by the
plaintiff) but also give extra damages on nuisance (tort)
o Defendant argued that plaintiff did not plead for nuisance in his SOC
o Court held that they grant damages for nuisance because trespass comes
with nuisance usually (common sense), even though it is not pleaded)
o Chartered Bank v Yong Chan: Ask for libel (tort) but Court grant damages
for breach of contract (contract) which is not pleaded. Two different cause
of action, one of tort, one on contract = cannot
o Wisma Punca Emas v Dr Donal R O'Holohan: Ask for trespass (tort) and
Court granted extra damages on nuisance (also tort). So long as same
cause of action, Court can give judgment.
o Example: Accident (tort) and sue for negligence (tort). During accident,
defendant took your picture and post in social media = defamation (tort).
But in your SOC, you only claim for negligence. Court can give extra
damages on defamation because same cause of action.