K.EP. Mohamed Ali v. K.E.P. Mohamed Ismail [1981] 1 MLJ 10 FC:
As one of the objects of modern pleadings is to prevent surprise, we cannot for one moment think that the defendant was taken by surprise. To condemn a party on a ground of which no material facts have been pleaded may be as great a denial of justice as to condemn him on a ground on which his evidence has been improperly excluded.
