Material Facts And Material Particulars
Legal definition for Indian law research
Definition
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.
Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omitted, the statement or plaint is bad; it is liable to be struck out. On the other hand the use of particulars is intended to meet a further and quite separate requirement of pleading imposed in fairness and justice to the returned candidate. Their function is to fill in the picture of the election petitioner's cause of action with information sufficiently detailed to put the returned candidate on his guard as to the case he has to meet and to enable him to prepare for trial in a case where his election is challenged on the ground of any corrupt practice, Roop Lal Sathi v. Nachhattar Singh Gill, AIR 1982 SC 1559: (1982) 3 SCC 487: (1983) 1 SCR 702. (Representation of the People Act, 1951, s. 83)
Expression material facts are these facts has neither been defined in the Act or in CPC. Material facts are those facts upon which a party relies for his claim or defence. Material particulars on the other hand are details in support of material facts pleaded by the party, Mahadeo Bapu Sukaji Shivankar v. Ramaratan, (2004) 7 SCC 181.
Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omitted, the statement or plaint is bad; it is liable to be struck out. On the other hand the use of particulars is intended to meet a further and quite separate requirement of pleading imposed in fairness and justice to the returned candidate. Their function is to fill in the picture of the election petitioner's cause of action with information sufficiently detailed to put the returned candidate on his guard as to the case he has to meet and to enable him to prepare for trial in a case where his election is challenged on the ground of any corrupt practice, Roop Lal Sathi v. Nachhattar Singh Gill, AIR 1982 SC 1559: (1982) 3 SCC 487: (1983) 1 SCR 702. (Representation of the People Act, 1951, s. 83)
Expression material facts are these facts has neither been defined in the Act or in CPC. Material facts are those facts upon which a party relies for his claim or defence. Material particulars on the other hand are details in support of material facts pleaded by the party, Mahadeo Bapu Sukaji Shivankar v. Ramaratan, (2004) 7 SCC 181.
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.