Kedar Lal v. Hari Lal
Rule established
Pleadings must contain facts, not law. The court draws legal inferences from pleaded facts. Parties plead material facts; the court applies the law.
Facts
- A question arose regarding the proper content of pleadings in a civil suit
- The pleading contained conclusions of law rather than statements of material fact
- The court examined the fundamental purpose and content requirements of pleadings
Issue
- Whether pleadings should contain statements of fact or statements of law.
Held
- Pleadings must contain material facts, not law
- The parties plead facts; the court applies law
- A pleading that states legal conclusions without underlying facts is defective
- Material facts are those facts upon which the party relies for the claim or defence
- The distinction between facts and law in pleadings is fundamental to the adversarial system
Ratio Decidendi
Pleadings = material facts. Law = court's domain. Parties plead facts; court draws legal inferences.
How to use it in an exam
- Key line: "In Kedar Lal v. Hari Lal, the Supreme Court held that pleadings must contain facts, not law. Parties plead material facts; the court draws legal inferences and applies the law."
Source
Source: Standard CPC authority on pleadings
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Pleadings Contents Forms and AmendmentContent of pleadings: facts not law