- O 6, R 2
Banka Bihari Mohapatra V. Gitagobinda Patra and others.2013 (1) CLR 126
B.N.MAHAPATRA,J.
Pleadings –What it should contain –“Material Facts” –What constitute. Order VI, Rule 2, CPC postulates that every pleading shall contain, and contain only, the statement in concise form of the material facts on which a party pleading relies for his claim or defence,as the case may be, but not the evidence by which they are to be proved.
“Material facts” are primary or basic facts which must be pleaded by the plaintiff or defendant in
support of the case set up by him either to prove his cause of action or defence.
