584 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
§ Facts in Issue.
Section 3. There are two Requisites of a fact in issue :
(1) It is a necessary fact.
A Fact in Issue is a fact which is the foundation of right claimed or of the liability which is sought to be imposed by one party against or upon another party.
A fact in issue is a fact the proof of which is necessary for the claim being granted or the liability being imposed.
Illus—
(1) Supposing the inquiry to be whether A is entitled to succeed to B’s property as his son.
The following facts would be necessary facts :
(a) Whether A is the son of B.
(b) Whether B is dead.
(c) Whether the property belongs to B.
They are necessary facts because unless they are proved A’s claim to succeed cannot be granted. They are the foundation of his claim.
Illus—
(2) Supposing the inquiry is
Whether A caused the death of B.
The following facts would be necessary facts :
(i) Whether A caused the death of B.
(ii) Whether A had the intention to cause death.
- Every necessary fact is not a fact in issue. A necessary fact whether it is asserted and denied becomes a fact in issue.
In Illus. 1 and 2 if any necessary fact is not denied it would base to be a fact in issue.
- A fact in issue is, therefore, a necessary fact which is in dispute between the two parties.