Dalam kes Tan Keng Yong (supra) Che Mohd Ruzima Ghazali HMR memberi pencerahan berikut berkenaan pliding di 842 – “… it is trite law that parties bound by their pleadings. Abundance of authorities decided on the issue, Federal Court in the case of Anjalai Ammal & Anor v Abdul Kareem [1969] 1 MLJ 22 had made the following observation and had opined that: There is considerable authority in regard to the purpose and effect of particulars filed pursuant to O 19 r 7A of the Rules of the Supreme Court. At p 31 of Halsbury (3rd Ed) Vol 3, the learned commentator has this to say: A party is bound by his pleadings unless he is allowed to amend them, and he is therefore bound by his particulars, which are, in effect, part of the pleadings under which they are delivered. In Thomson v Birkley [1883] 47 LTR p 700 Watkin Williams J says: The object of particulars is to prevent surprise and to limit and particularise events in order that both parties should come to trial fully prepared for the issues In Speding v Fitzpatrick (1668) 38 Ch D 410 at 413 Cotton LJ says: The object of particulars is to enable the party asking for them to know what case he has to meet at the trial, and so to save unnecessary expense and avoid avowing parties to be taken by suprise In Thorp v Holdsworth (1876) Ch 637 at 639 Jessel Mr says: The whole object of pleadings is to bring the parties to an issue and the meaning of the rues of R XIX was to prevent the issue being enlarged, which would prevent either party from knowing when the cause came on for trial, what the real point to be discussed and decided was. In fact, the whole meaning of the system is to narrow the parties to definite issues, and thereby to diminish expense and delay, especially as regards the amount of testimony required on either side at the hearing. Finally, in Yorkshire Provident Life Assurance Co v Gilbert & Rivington [1895] 2 QB 114 at 152 Lindley LJ says: What is the effect of these particulars? I take it the effect of these particulars is this, that the issues to be tried are limited by these particulars in the first instance. I do not mean to say that leave cannot be obtained to add to the particulars — of course it can; but the moment these particulars are delivered and until some further order is obtained for me delivery of further particulars, the effect of delivering the particulars is to cut down the matters in question in the action to the particulars Therefore, in my opinion, the learned trial judge, in the instant case, had departed from the strict rules of procedure, in deciding the case on an issue not raised in the pleadings and on the assumption of a fact which the appellants were not obliged to call evidence to rebut … On the same principle of law related to the rule of pleadings, this court in the case of Pembenaan SPK Sdn Bhd v Jalinan Waja Sdn Bhd [2014] 2 MLJ 322 has made the following observation: That classic, authoritative text on the rules of pleadings — Sir Jack Jacob & Ian S Goldrein, Pleadings: Principles and Practice — provides four ‘objects’ Pleadings — their dual object in summary. Pleadings serve a two-fold purpose: