(d) That a man holds a certain opinion, has a certain intention, acts in good faith
or fraudulently, or uses a particular word in a particular sense, or is or was at
a specified time conscious of a particular sensation,is a fact.
(e) That a man has a certain reputation, is a fact.
(2) One fact is said to be relevant to another when the one is connected with the
other in any of the ways�� referred to in the provisions of this Order relating to the
relevancy of facts.
(3) The expression "facts in issue" 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, 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.
Illustrations
A is accused of the murder of B.
At his trial the following facts may be in issue:—
that A caused B's death ;
that A had intended to cause B's death ;
that A had received grave sudden provocation from B ;
that A, at the time of doing the act which caused B's death, was by reason of
unsoundness of mind, incapable of knowing its nature.
(4) A fact is said to be proved when, after considering the matters before it, the
Court either believes it to exist, or considers its existence so probable that a prudent
man ought, under the circumstances of the particular case, to act upon the supposition
that it exists.
(5) A fact is said to be disproved when, after considering the matters before it, the
Court either believes that it does not exist, or considers its existence so probable that a
prudent man ought, under the circumstances of the particular case, to act upon the
supposition that it does not exist.
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