Pleading a material fact in dismissal challenges is essential; omission to allege non-consideration of past record defeats the suit.

A suit challenging a workman's dismissal was held to fail for want of a material averment disclosing a cause of action. The plaint did not state that the employee's past record had not been considered before the dismissal order, and that omission concerned a material fact necessary to sustain the challenge. The broader question whether the suit was otherwise maintainable in law was left open and not decided. The appeal was dismissed on the ground of absence of a pleaded cause of action.

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Issues: Whether the suit challenging the workman's dismissal was liable to be dismissed for want of a material averment disclosing a cause of action.

Analysis: The plaint did not contain an averment that the employee's past record had not been considered before passing the dismissal order. That omission related to a material fact necessary to sustain the challenge to the dismissal. The question whether the suit was otherwise maintainable in law was left open and was not decided.

Conclusion: The suit failed for disclosure of a cause of action, and the appeal was dismissed.

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