Distinction between `Material facts' and `Material particulars' - Indian Laws - General

Distinction between `Material facts and `Material particulars In Harkirat Singh v. Amrinder Singh - 2005 (12) TMI 618 - SUPREME COURT , this Court again reiterated the Distinction between `Material facts and `Material particulars and observed as under: A distinction between material facts and particulars , however, must not be overlooked. Material facts are primary or basic facts which must be pleaded by the plaintiff or by the defendant in support of the case set up by him either to prove his cause of action or defence. Particulars , on the other hand, are details in support of material facts pleaded by the party. They amplify, refine and embellish material facts by giving distinctive touch to the basic contours of a picture already drawn so as to make it full, more clear and more informative. Particulars thus ensure conduct of fair trial and would not take the opposite party by surprise. All material facts must be pleaded by the party in support of the case set up by him. Since the object and purpose is to enable the opposite party to know the case he has to meet with, in the absence of pleading, a party cannot be allowed to lead evidence. Failure to state even a single material fact, hence, will entail dismissal of the suit or petition. Particulars, on the other hand, are the details of the case which is in the nature of evidence a party would be leading at the time of trial. In Sudarsha Avasthi v. Shiv Pal Singh (2008) 7 SCC 604, this Court observed as under: The election petition is a serious matter and it cannot be treated lightly or in a fanciful manner nor is it given to a person who uses this as a handle for vexatious purpose.... It is settled legal position that all material facts must be pleaded by the party in support of the case set up by him within the period of limitation. Since the object and purpose is to enable the opposite party to know the case he has to meet with, in the absence of pleading, a party cannot be allowed to lead evidence. Failure to state even a single material fact will entail dismissal of the election petition. This Court in Harkirat Singh s case (supra) tried to give various meanings of material facts . The relevant paragraph 48 of the said judgment is reproduced as under: The expression material facts has neither been defined in the Act nor in the Code. According to the dictionary meaning, material means fundamental , vital , basic , cardinal , central , crucial , decisive , essential , pivotal , indispensable , elementary or primary . [Burton s Legal Thesaurus, (Third Edn.); p.349]. The phrase material facts , therefore, may be said to be those facts upon which a party relies for his claim or defence. In other words, material facts are facts upon which the plaintiff s cause of action or the defendant s defence depends. What particulars could be said to be material facts would depend upon the facts of each case and no rule of universal application can be laid down. It is, however, absolutely essential that all basic and primary facts which must be proved at the trial by the party to establish the existence of a cause of action or defence are material facts and must be stated in the pleading by the party. ANIL VASUDEV SALGAONKAR VERSUS NARESH KUSHALI SHIGAONKAR- 2009 (8) TMI 1269 - SUPREME COURT]