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Any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows is known as :
Explanation
The definition provided in the question is the verbatim definition of a "Fact in issue" as per Section 3 of the Indian Evidence Act, 1872 (and subsequently maintained in the Bharatiya Sakshya Adhiniyam, 2023).
- Fact in Issue: These are the core facts that are affirmed by one party and denied by the other in a suit or proceeding. They are the "principal facts to be proved" (factum probandum) from which legal rights or liabilities necessarily follow.
- Relevant Fact: A fact is considered relevant when it is connected to another fact in any of the ways referred to in the provisions of the Act relating to the relevancy of facts (Sections 6 to 55 of the IEA). Relevant facts are evidentiary facts (factum probans) used to prove or disprove a fact in issue.
Since the question describes a fact that directly determines the existence or extent of a right or liability, it refers to a Fact in Issue.
SIMILAR QUESTIONS
A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in suit by A against C for a trespass on the same land in which C alleged the existence of the same right of way is
What is fact in issue'?
'A' sues 'B' for a libel imputing disgraceful conduct to 'A', 'B' affirms that the matter alleged to be libelous is true. Which one of the following is not a relevant fact ?