Facta Probanda and Facta Probantia in Legal Pleading
Facta Probanda and Facta Probantia in Legal Pleading
1. Meaning of Facta Probanda and Facta Probantia:
In the context of legal pleading and trial, these Latin terms distinguish between two kinds of facts related to the suit:
Facta Probanda (Facts to be proved):
These are the material facts that a party must prove to establish their case or claim. They constitute the essential facts on which the plaintiff’s cause of action or the defendant’s defense depends.
Facta Probantia (Facts proving the facts in issue):
These are the evidentiary facts or supporting facts which help in proving the facta probanda. They are not the main facts themselves but the facts that serve as evidence or circumstances leading to the establishment of the facta probanda.
2. Distinction Between Facta Probanda and Facta Probantia:
| Aspect | Facta Probanda (Facts to be Proved) | Facta Probantia (Facts Proving Facta Probanda) |
|---|---|---|
| Definition | The principal facts which form the foundation of the claim or defense. | The subsidiary facts or evidence facts which support and prove the principal facts. |
| Nature | Material facts which the plaintiff or defendant must prove for success in the suit. | Facts or circumstances that help establish the material facts. |
| Example | In a suit for breach of contract, facta probanda is the existence of contract, breach, and damage. | Facta probantia may include correspondence, witness statements, or conduct showing breach. |
| Role | Core facts essential for decision-making. | Supportive facts that make proof of core facts possible. |
| Requirement in pleading | Must be pleaded specifically. | Usually not required to be specifically pleaded but may appear in evidence. |
3. Importance in Pleading:
The plaintiff must plead the facta probanda clearly because these are the facts that the court must be convinced of to grant relief.
The facta probantia assist the court in appreciating the evidence and connecting the dots to establish the facta probanda.
Understanding the distinction helps in framing issues, examining evidence, and determining the burden of proof.
4. Examples to Illustrate:
Example 1: Breach of Contract Suit
Facta Probanda:
Existence of contract between parties.
Breach of contract by defendant.
Plaintiff suffered damage due to breach.
Facta Probantia:
Copies of the contract.
Letters or emails showing breach or refusal.
Witness testimony confirming the breach.
Example 2: Suit for Recovery of Money
Facta Probanda:
Loan was given.
Defendant promised to repay.
Defendant failed to repay within time.
Facta Probantia:
Loan agreement document.
Receipts, bank statements.
Witnesses to the loan transaction.
5. Relevant Case Law:
1. Hiralal v. Nair Service Society Ltd., AIR 1968 SC 1161
Held: The distinction between facta probanda and facta probantia is crucial in understanding pleadings and the role of evidence. Facta probanda must be pleaded as they are material facts, whereas facta probantia relate to evidence supporting those facts.
2. K.K. Verma v. Union of India, AIR 1956 SC 316
Held: It is the facta probanda that determine the scope of the suit and the relief, and the court’s judgment is based on those facts. Facta probantia are subsidiary and help prove facta probanda.
3. Ameerally and Sons v. Parbhu Dayal, AIR 1946 PC 218
Held: The pleadings must disclose the facta probanda. Evidence adduced (facta probantia) should be relevant to prove these facts.
6. Legal Significance:
Courts decide cases based on facta probanda — the material facts presented and proved.
Facta probantia are helpful but secondary and dependent on the main facts.
The burden of proof lies on proving the facta probanda.
Failure to plead or prove facta probanda results in failure of the claim or defense.
7. Summary:
| Term | Meaning | Role in Trial |
|---|---|---|
| Facta Probanda | Facts to be proved (material facts) | Basis of claim or defense |
| Facta Probantia | Facts proving the facta probanda (evidentiary facts) | Supportive evidence to establish material facts |
Conclusion:
Facta probanda and facta probantia are fundamental concepts in the law of pleading and evidence. While facta probanda form the backbone of the plaintiff’s or defendant’s case (the material facts that must be established), facta probantia are the supportive facts or circumstances that help prove those material facts. A clear understanding of this distinction aids in effective pleading, framing issues, and presenting evidence in court.
RELATED Blog
0 comments