Distinction between ‘Relevant Fact’ and ‘Fact in Issue’ are as follows:
Facts in issue are the matters which are in dispute or which form the subject of decision in the suit. They are facts out of which some legal right, liability, or disability, involved in the inquiry, necessarily arises and upon which a decision must be arrived at. They are matters affirmed by one party and denied by the other.
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Thus, if A is accused of the murder of B, the facts in issue will be that A caused B’s death, that he intended to cause B’s death, and so on. Relevant facts, on the other hand, are facts so connected with each other as to prove or disprove the facts in issue. Relevant facts are not themselves in issue, but are foundation of inferences regarding them.
One can, therefore, distinguish between ‘fact in issue’ and ‘relevant fact’ thus:
1. A fact in issue is a necessary ingredient of a right or liability. It is from such fact, either by itself or in connection with other facts, that the existence or non-existence of a right or liability necessarily follows. A relevant fact, on the other hand, is not a necessary ingredient of a right or liability.
2. A fact in issue is called the “principal fact” or factum probandum. A relevant fact is called the “evidentiary fact” or factum probans.
