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1 Download PDFTron SDK a) Narration of material “Facts of the Case” is

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c) AND, it may further be appreciated that, what is required to be set out in the Plaint are the “material registered instrument is barred by law
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d) Like for example, in a dispute between Husband & Wife over allegations of cruelty, wherein the Wife
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registers complaint before the Police, and the Police, unlawfully and without following the due process of
law, arrest / detains the Husband; and therefore, if a Suit for damages for illegal arrest and confinement /
defamation is to be filed against the State Govt., then material facts for the said Suit would be the “fact of   
arrest / detention” and “fact of its illegality. In the said Suit, the facts of allegations or denial of cruelty may Browse by Recent Popular
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not be elaborately set out. Those facts of cruelty may be of relevance in a case for divorce Petition or in
alike proceedings.

e) AND, it is of equal significance to import maximum objectivity in the Pleadings which will invariably Similar Forum Post

struck the opposite party to deal with the allegations made in the Plaint / WS; and failure to explain and
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f) In the absence of “required pleadings”, the Plaint may be wanting in “Material proposition of fact”
[contemplated under O.14 R.1(2)] which the Plaintiff must prove (if disputed) in order to claim reliefs; and Subscribe to Articles Feed

therefore no issues could be framed if the pleadings are alleged to be wanting in specific details, or
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alleged to be vague or general in nature. “Material proposition” are such proposition of facts which are
peculiar to each kind of Suits, which must be alleged to exist in the Plaint to claim relief. Submit

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g) AND, whereas what material facts are to be pleaded, would of course depend upon the nature of relief
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claimed / prayed for, however, the judicially ascertained definition of “cause of action” would furnish a Constitutional Law Criminal Law
brilliant answer as what should be pleaded in the Plaint / WS. Let us look at Cause of action. Family Law Labour & Service Law

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h) In order to commence a legal action, the person must have some real grievance against the person,
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which is the foundation of any legal action, i.e. he must claim that his rights, whether under the law, or
under the contract, or under equity, or under the common law, is infringed.
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i) Broadly speaking, Cause of action has two dimensions, one, the accrual of cause of action, i.e. that
moment of time when the rights of the Person is infringed and such infringement of right entitles him to Be the first of your friends to like this

move the Court of law, although he may choose not to move the Court immediately; like for example, a
Persons sells goods and raise Invoice, dated 01.01.2014, and where the terms of payment agreed was 7
days from the date of Invoice; and therefore, if the payment is not made by 08.01.2014 (7 whole days
would be calculated from 02.01.2014 to 08.01.2014), the Seller will have accrual of “Cause of action” on
09.01.2014;

j) and second, cause of action means, the bundle of facts which are necessary (sufficient) to prove, to
claim a decree from the court; or to say, every fact, which, if traversed, it would be necessary for the
Plaintiff to prove, in order to support his right to the judgment of the Court.

k) From the second definition, it also follows that the Plaintiff is not obliged to prove every fact which is
being “disputed” by the defendant; and he is required to prove only those facts which are “necessary”, in
order to support his right to the judgment of the Court. The expression “material facts” is also known as
“Integral facts”. (2007) 6 SCC 769 – Paras 40, 41.

l) Therefore, in the backdrop of reliefs he is claiming, it is for the Plaintiff to ascertain, the facts he has to
prove, to authoritatively ask for judgment in his favour; and therefore must clearly set out in his pleadings,
those facts. The pleadings, as far as possible, must be supported by documentary evidence available
under the law.

m) And it may further be appreciated that framing of issues has close nexus with pleadings, for, issues
[O.14 R.1(5)] can only be framed, when the Court finds that there are sufficient evidentiary foundation is
laid down in the pleadings to prove a “disputed fact”. If the facts are merely disputed by the adversary in
his pleadings, without any basis or grounds, the Court is not bound to frame issue on the said disputed
fact, and the said fact may said to be admitted by the adversary.

n) So as to have comprehensive understanding of pleadings, regard may be had to mandate of O.7

R.1(e), O.14 R.1(2) and O.7 R.14.

o) O.7 R.1(e) mandates that Plaint shall contain the facts “constituting the cause of action”, and when it
arose;

p) O.14 R.1(2) mandates that the Plaintiff must lay down the Material propositions of fact in order to show
that he has a right to sue, so that an issue may be framed by the Court, if the said proposition of fact is
disputed by the defendant. Further, the right must be subsisting on the date of filing of the Suit.

q) O.7 R.14 mandates that where a plaintiff sues upon a document or relies upon document in his
possession or power, in support of his claim, he shall annex the same along with the Plaint; and where
any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in
whose possession or power it is.

r) In this respect, it is also useful to look into the definition of “fact”, “facts in issue”, “evidence” provided
u/s 3 of Evidence Act; and mandate of section 5 of Evidence Act, which states that Evidence may be
given in any suit or proceedings of every fact in issue and that of such other facts as are hereinafter
declared to be relevant, and of no others.

S.3: "Evidence""Evidence" means and includes

all statements which the Court permits or requires to be made before it by witnesses, in relation to matters
of fact under inquiry, such statements are called oral evidence;

6
[all documents including electronic records produced for the inspection of the Court], such documents
are called documentary evidence.

S. 5: Evidence may be given of facts in issue and relevant facts: Evidence may be given in any suit
or proceedings of the existence or non-existence of every fact in issue and of such other facts as are
hereinafter declared to be relevant, and of no others.

S.3: "Fact".-"Fact" means and includes-

anything, state of things, or relation of things, capable of being perceived by the senses; any mental
condition of which any person is conscious.

S.3: "Facts in issue".-The expression "facts in issue" means and includes- any fact from which, either by
itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability,
or disability, asserted or denied in any suit or proceeding, necessarily follows.

s) The “Fact” implies– something that actually exists; an aspect of reality; an actual or alleged event or
circumstance, as distinguished from its legal effect, consequence or interpretation; an evil deed; a crime.
(Source: Blacks Law dictionary). It is also very essential to appreciate the distinction between “Facts” and
“Facts in issue”.

t) The “facts” are principal facts, which constitutes the ingredients of the offence; and the trial court while
appreciating the evidence adduced (“facts in issue” / “relevant facts”) would record a finding to the
existence or non existence of the alleged “fact”; and the said process may also be termed as “finding of
fact” or a fact “proved / disproved / not proved”.

u) It is essential to appreciate the distinction between “Facts” and “Facts in issue”.

v) “Facts in issue” are those facts by which the existence of principal facts are sought to be established;
are also known as “predicate fact”, from which presumption or inference arises, also termed as
fundamental fact or evidentiary fact. Facts in issue may also be referred to as Physical fact: a fact having
a physical existence, such as finger print left at a crime scene. Also known as Primary facts: a fact, which
can be established by direct testimony and from which inferences are made, leading to ultimate facts.
(Source: Blacks Law Dictionary)

w) Facts in issue are those facts which are so closely and intimately attached to the “Issue”; and by the
natural inference from which the existence / non-existence of said “issue” may be determined.

x) The mandate of S.5 of the Evidence Act may be instructive in this respect which says that evidence
may be given of “facts in issue” and of “relevant facts”, and of no others [Sections 6 to 55 of Evidence
Act]. It is also well settled that the party leading any evidence, must in the first instance, plead such facts,
and then only he is allowed to lead evidence on such fact.[(2014) 5 MhLJ 233] (2010) 1 SCC 466; (2007)
10 SCC 21, 27; (1999) 4 SCC 403; (1999) 8 SCC 692; AIR 2012 SC 264. AND, therefore, “Facts in Issue”
and “Relevant Facts” also constitute material facts of the case and must also be pleaded, alongwith
principal facts.

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y) Therefore, a heavy burden is cast upon the Plaintiff who invokes the jurisdiction of the Court, to make
out a clear cut case for the reliefs he claims; and my brief experience shows that a frivolous Suit would
always be wanting in “pleadings of material facts”, and the Plaint may liable to be rejected as provided
under O.7 R.11(a) to (d), as the case may be; and in every Application under O.7 R.11(a), it must be
shown that, in the chain of events, Plaintiff is obliged to prove “this fact” to claim “this Relief”, and the said
“this fact” is not “duly” pleaded in the Plaint; and therefore, the Plaint does not disclose cause of action.
“Duly” implies a fact which is pleaded and which is supported by applicable documentary evidence, upon
which the Court can frame an “issue” if the said fact is disputed;

z) And if the Plaintiff makes out a good case, the burden then falls upon the Defendant to “traverse” the
material facts; and his failure to adequately “traverse” the material facts, as provided under O.8 Rr.1A, 3,
4, and 5, may entitle the Plaintiff to claim decree based on the mandate of O.12 R.6, r/w O.15, r/w
Sections 17 and 58 of Evidence Act.

aa) Therefore, in every litigation, the Plaintiff must know as which set of facts he must prove, so as to
authoritatively ask for the relief claimed for; and more so, it is important for the defendant to know those
“set of facts” which must be pleaded and proved by the Plaintiff, before he can authoritatively ask for
judgment in his favour, for, if the Plaintiff fails to plead or prove even one fact among those “set of facts”,
may render the case of the Plaintiff “fall”.

bb) In my limited understanding of things, a broad approach to drafting of any case may be undertaken in
three chronological “Heads” –

i. Reliefs prayed for / claimed;

ii. Grounds for Reliefs prayed / claimed for; (both factual and legal);

iii. Narration of Facts substantiating the said grounds. Further, there would be narration of such facts,
which would lay foundation for “material facts of the case”.

cc) Grounds for Reliefs prayed for / claimed implies (a) the essence / conclusion of material facts; and (b)
other legal provisions which supports the reliefs prayed / claimed.

dd) It is of central importance that any Relief prayed for / claimed, must be duly articulated, keeping in
mind (a) the jurisdiction of the concerned court, where the case is sought to be instituted; (b) the rights /
interest claimed of, by the Plaintiff/Petitioner/ Complainant; (c) the obligations and liabilities of the
opposite parties / defendant alleged of;

ee) Further, every principal Relief claimed, must be supported by sufficient grounds, to make a strong
case for the entitlement of the said Relief and further claim of consequential reliefs thereupon;

ff) Also, Courts exercises limited jurisdiction, in respect of certain Applications, wherein the provision of
law itself prescribes the conditions, on the satisfaction of which, the court may exercise its jurisdiction.
Like for example, in Civil Revision Application, conditions prescribed for exercising jurisdiction are
narrated in Section 115 itself. Likewise, there could be Review Applications, Application for condonation
of delay, Bail Applications, Criminal Revision Application, Application u/s 482 of CrPC, 1973 and so on.

gg) Also, while claiming any relief under Specific Relief Act, 1963, the said Act also indicates the
conditions to be satisfied with, while claiming respective relief. In fact, in the exercise of every jurisdiction,
the conditions to be satisfied with, for the exercise of said jurisdiction by the Court, are provided in the
concerned Section / Article itself, which confers jurisdiction upon the Court to entertain the concerned
Application / Suit / Petition.

Sandeep Jalan

Advocate

Mumbai

Sandeep Jalan
on 12 December 2014

Published in Others Other Articles by - Sandeep Jalan

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suman negi  20 December 2014

Excellently expressed Sandeep ji,

Manoj Deka  14 December 2014

Thank you Sir for this post

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