Pleadings and Proof: No amount of evidence can be looked into upon a plea which was never put forward in the pleadings. A question which did not arise from the pleadings and was not the subject matter of an issue cannot be decided by the court. The court must confine its decision to the questions raised in the pleadings. (Para 8 & 10)

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Order VI, Rule 2; Order XIV, Rule 1; Section 100 — Scope of Pleadings, Framing of Issues, and Powers in Second Appeal

• Pleadings and Proof: No amount of evidence can be looked into upon a plea which was never put forward in the pleadings. A question which did not arise from the pleadings and was not the subject matter of an issue cannot be decided by the court. The court must confine its decision to the questions raised in the pleadings. (Para 8 & 10)

• Relief outside Prayer: A civil court cannot grant a relief which is not claimed and which does not flow from the facts and the cause of action alleged in the plaint. The observation that a prayer is merely a "suggestion" is incorrect; the jurisdiction to grant relief necessarily depends on the pleadings, prayer, court fee paid, and evidence led. (Para 8 & 16)

• Exceptions to the Rule: A case not specifically pleaded can only be considered in exceptional circumstances where the pleadings in substance contain the necessary averments, the issues generally cover the question, and the parties went to trial fully conscious of the issue. The court cannot make out such a case suo motu if neither party raised the contention during arguments. (Para 12)

• Distinction between Title and Easement: The facts required to establish title are fundamentally different from those required to establish an easementary right. A suit for declaration of title relates to natural rights inherent in ownership, whereas an easement relates to a right possessed by a dominant owner over a property not his own, restricting the natural rights of that property's owner. (Para 13)

• Pleadings for Easement: A dominant owner seeking easementary relief must explicitly plead and prove the nature of the easement and its manner of acquisition (e.g., prescription vs. necessity). For prescription, they must plead open and uninterrupted enjoyment for twenty years independent of any agreement; user with express permission constitutes a license, not an easement. (Para 14)

• Necessary Parties for Easement: A right of easement can be declared only when the servient owner of the property is explicitly impleaded as a party to the suit. (Para 15