2. material facts must be stated in summary

2. Object of Pleadings:

The whole object of pleadings is to bring parties to definite issues.

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In Ganesh Trading Co. vs. Moji Ram, the Supreme Court held that to determine what is really at issue between the parties and to prevent deviations from the course; which litigation on a particular cause of action must take.

3. General rules of pleadings:

(a) Pleadings should state fact and not law;

(b) The facts stated must be material facts;

(c) Pleadings should not state the evidence;

(d) The facts should be stated in a concise form.

(a) State fact and not law:

it is the duty of the parties to state only the facts on which they rely upon for their claims. It is for Court to apply the law to the facts pleaded.

Hindu sons are sued for a debt incurred by their deceased father, it is not necessary to formulate in the plaint the Hindu Law as to pious obligation of Hindu sons to pay their father’s debt.

(b) State material facts only:

In Udhav Singh vs. Madhav Rao Scindia, the Supreme Court held that ‘All the primary facts which must be proved at the trial by party to establish the existence of a cause of action or his defence are material facts’.

Plaintiff filing a suit on the basis of title must state the nature of the deed on which he relies in deducing his title.

(c) State facts and not evidence:

Facts are of two kinds:

(i) Facta probanda

(fact in issue) – the facts required to be proved; and

(ii) Facta Probanda – the evidence or facts by means of (relevant facts) which they are to be proved.

The pleadings should state only facta probanda and not facta probantia.

For Example:

In an election petition, the plea that cars were used by the successful candidate for carrying voters contrary to the Act must be stated in the pleadings, since it is a facta probanda (fact in issue), but the facts as to form where the cars were obtained, who hired them should not be stated in pleading, since it is fact a probantia (relevant fact).

(d) Concise form:

All material facts must be stated in summary form, as briefly as the nature of the case requires. Immaterial allegations and unnecessary details must be omitted and material allegations and necessary details must be included.