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Questions and Answers
Why is pleading of material facts considered important in civil suits?
What is the consequence if material facts are not pleaded in a civil suit?
Which of the following best describes 'material facts' in the context of civil suits?
How does Order II contribute to the framing of a civil suit?
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What is the purpose of distinguishing between 'facta probanda' and 'facta probantia' in pleadings?
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What is the consequence of omitting a portion of a claim in a suit to stay within the pecuniary jurisdiction of the court?
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In a civil suit, what should the pleadings primarily focus on?
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In what scenario would a suit based on the same cause of action be considered barred by Order II Rule 2?
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Why is raising the plea of bar of Order II, Rule 2 for the first time in an appeal not permissible?
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What is the significance of including all claims in an initial suit without omitting any portion?
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Which rule would be invoked if a plaintiff files multiple suits based on the same cause of action?
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What is an essential consideration when framing a suit according to Order II?
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What happens if a party fails to plead all the material facts on which they rely at the trial?
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Why should every suit be framed to afford ground for final decision upon the subjects in dispute?
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In a suit, what can a plaintiff do in relation to their claim to bring it within the jurisdiction of any court?
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What is the consequence if a plaintiff omits to sue for or intentionally relinquishes any portion of their claim?
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When can a person entitled to more than one relief sue for only some of those reliefs?
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What is required if a plaintiff wants to sue for more than one relief in respect of the same cause of action?
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Study Notes
Doctrine of Variance in Pleadings and Proof
- The doctrine states that a plaintiff must plead all material facts on which they rely at the trial.
- If any material fact is omitted, the statement of claim is bad and it would mean no pleading and no cause of action for the suit.
- A court cannot permit leading evidence if material facts are not pleaded.
Order II Rule 2: Frame of Suit
- Every suit shall be framed to afford ground for a final decision upon the subjects in dispute and to prevent further litigation.
- A plaintiff must include the whole of the claim which they are entitled to make in respect of the cause of action.
- A plaintiff can relinquish any portion of their claim to bring the suit within the jurisdiction of any court.
- If a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of their claim, they shall not afterwards sue in respect of the portion so omitted or relinquished.
Essential Elements of a Suit
- Subject Matter
- Order I: Cause of Action
- ORDER II: Frame of the Suit
- ORDER IV: Institution of Suit
- ORDER VI: Pleadings Generally
- ORDER VII: PLAINT
General Principles of Pleadings
- Pleadings should state facts and not law.
- Pleadings should not state evidence.
- Facts to be stated in concise form.
- Material facts are those that must be proved in order to establish the rights of the plaintiff to the relief claimed or the defense evidence.
Fundamentals of Pleadings
- Pleading of material facts is necessary.
- Facta probanda: Facts required to be proved (material facts).
- Facta probantia: Facts by means of which they have to be proved (evidence).
Consequences of Not Pleading Material Facts
- If material facts are not pleaded, the court cannot permit leading evidence.
- The statement of claim is bad, and it would mean no pleading and no cause of action for the suit.
- The party may not be able to sue afterwards in respect of the portion so omitted or relinquished.
Case Laws
- Kunjan Nair v. Narayan Nair, AIR 2004 SC 1761
- Alka Gupta v. Naredna Kumar Gupta, AIR 2011 SC 9
- Shankar Sitaram v. Balkrishna Sitaram, AIR 1954 SC 352
- S. Santokh Singh v. Gurbax Singh, AIR 2003 NOC 6 Del
- Surjit Kaur, AIR 1987 SC 21796
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Description
Under the doctrine of variance in pleadings and proof, a party must plead all the material facts they rely on for the trial. Omitting any material fact renders the statement of claim invalid, leading to no cause of action for the suit. Failure to plead material facts prohibits a court from allowing the party to present evidence.
