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          Indian Laws

          Distinction between `Material facts' and `Material particulars'

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          Material facts versus particulars: plead primary facts to support a claim or defence; omission bars evidence at trial. Material facts are the primary facts on which a party's cause of action or defence depends and must be pleaded; omission of any such basic fact ordinarily precludes leading evidence. Material particulars are subsidiary details that amplify and clarify pleaded material facts, preventing surprise to the opponent but not replacing the obligation to plead the primary facts.
                            Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                              Provisions expressly mentioned in the judgment/order text.

                                  Material facts versus particulars: plead primary facts to support a claim or defence; omission bars evidence at trial.

                                  Material facts are the primary facts on which a party's cause of action or defence depends and must be pleaded; omission of any such basic fact ordinarily precludes leading evidence. Material particulars are subsidiary details that amplify and clarify pleaded material facts, preventing surprise to the opponent but not replacing the obligation to plead the primary facts.


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