Facta Probanda

 Facta Probanda..... Facta Probantia

   Facta probanda (material facts) are proved and which are in the nature of facta probantia (particulars or evidence) need not be set out in the pleadings. They are not facts in issue, but only relevant facts required to be proved at the trial in order to establish the fact in issue.

Facta probanda   (facts in issue,) 

The material facts relied upon for  claim are called facta probanda 

as stated in the pleadings. 

(1- material facts pleaded/stated in the Plaint. 

2-The material facts on which the party relies for his claim.

3.they must be stated in the pleadings.

4..only relevant facts required to be proved at the trial in order to establish the fact in issue. 

 5. pleadings must contain only facta probanda and not facta probantia

      (particulars or evidence).

 

•√  Facta probantia (particulars or evidence)   * (relevant facts)

1-The facts or facts by means of which facta probanda (material facts) are proved .

2-Need not be set out in the pleadings. 

3-They are not facts in issue, but only relevant facts required to be proved at the trial in order to establish the fact in issue.

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Difference 

facta probanda (the facts required to be proved i.e. material facts).

Facta probantia (the facts by means of which they are proved i.e. particulars or evidence). It is settled law that pleadings must contain only facta probanda and not facta probantia. 

But the facts or facts by means of which facta probanda (material facts) are proved and which are in the nature of facta probantia (particulars or evidence) need not be set out in the pleadings. They are not facts in issue, but only relevant facts required to be proved at the trial in order to establish the fact in issue.