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Fact in Issue is –
disputed fact
alleged fact
factum probans
relevant fact
Section 3, definition of Fact in Issue "Facts in issue".-The expression "facts in issue" means and includes--any fact from which, either by itself or in connection with other facts, the existence, nonexistence, nature or extent of any right, liability, or disability asserted or denied in any suit or proceeding, necessarily follows. Explanation:-Whenever, under the provisions of the law for the time being in force relating to Civil Procedure,3 any Court records an issue of fact, the fact, to be asserted or denied in the answer to such issue is a fact in issue.
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