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…While it may be desirable to plead such an important point of law in one’s pleadings failure to do so in my view does not preclude the plaintiff from adducing and relying on such evidence.…

…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…

…Under that order: - “ Any party may at any stage of a suit where admission of facts has been made either on the pleadings or otherwise, apply to the Court for such judgment or order as upon such admission he may be entitled…

…That not withstanding the general rule is that a party is bound by his pleadings. The appellant claimed expenses incurred in pursuing refund and no proof was led as to this claim and it was rightly rejected.…

…See Bullen and Leak, 12th edition at p 379 and a claim for special damages must be expressly claimed in the pleadings with full particulars of how it is made out.…

…I have carefully considered all the pleadings and submissions made in this matter.…

…This led to the subsequent pleadings being wrongly headed. However, I do not think that this affects the substances and merits of the matter and decide the same on merits.…

…The defendant was served but he filed no papers and the court being satisfied that he had due notice of the pleadings allowed the plaintiff to proceed by way of formal proof.…

…Since the main case is still pending I will not analyse the pleadings.…