In RHB Bank Bhd v Kwan Chew Holdings Sdn Bhd (2010) 1 CLJ 665, the Federal Court has issued a caution in the following manner : “[33] Second, the proposition of the Court of Appeal was not even pleaded by the respondent. The respondent’s cause of action against the appellant was for breach of contract. Nowhere in the respondent’s pleading, expressly or by implication, can we detect a claim for breach of a joint venture agreement arising out of a fiduciary duty placed upon the appellant in the capacity as principal of an agent. It is a cardinal rule in civil litigation that the parties must abide by their pleadings. This is trite as can be seen from the decision of this court in Menah Sulong v. Lim Soo & Anor [1983] 1 CLJ 26 where Ong Hock Thye CJ said: I think it is necessary in this case to emphasise once again that the Courts should give their decision in strict compliance with the pleadings. As Lord Radcliffe said in Esso Petroleum Co Ltd v. Southport Corporation [1956] 2 WLR 81, 91 If an Appellate Court is to treat reliance as pedantry or mere formalism I do not see what part they play in our trial system. [34] In fact, the Court of Appeal itself has reiterated this in Amanah Butler (M) Sdn Bhd v. Yike Chee Wah [1997] 2 CLJ 79 where Gopal Sri Ram JCA (as he then was) said: It is trite law that a party is bound by its pleadings. [35] On this, we would like to add that it is not the duty of the court to invent or create a cause of action or a defence under the guise of S/N mwDQPgzQa0md0tkgee77hA doing justice for the parties lest it be accused of being biased towards one against the other. The parties should know best as to what they want and it is not for the court to pursue a cavalier approach to solving their dispute by inventing or creating cause or causes of action which were not pleaded in the first place. Such activism by the court must be discouraged otherwise the court would be accused of making laws rather than applying them to a given set of facts.”