please explain the meanings

Just see order XIV Rule 5 of the Civil Procedure Code and section 5 of the Evidence act,

After filing the written statement by the defendant court will frame the issues on the pleadings of the plaint and written statement.  The issues will be framed on facts of the case this is known as issue on facts and issues frmed on the law point are knows as issues of law

On the question of material facts, the facts in issue and evidentiary facts, the following excerpts from ‘Justice Courts and Delays’ (Chapter 6 Topic 4 at page 453 –

paras 14 and 15) are relevant:- 14 The word ‘fact’ has been used in law of evidence,

to mean and include the factum probandum or the principal fact to be proved and the factum probans or the evidentiary fact from which the principal fact

follows immediately or by inference. Put differently, ‘Facts’ may be either ‘facts-in-issue’ which are the principal matters in dispute or merely ‘relevant facts’

which are evidentiary in nature and purpose, and therefore, directly or by inference, prove or disprove the ‘facts-in-issue’.

15. Broadly stated, in current use there are three categories of Facts:

Material facts May or may not be in dispute, but are necessary to be averred

so as to make the suit maintainable.

Facts-in-issue Arise from Pleadings (and also from the

contents of a document, answers to interrogatories, statement before issues

etc), but do not, repeat not, include such of the material facts which are

not in dispute.

 Evidentiary facts Such facts as are

The first, ‘Material facts’ are necessary to be stated inorder to constitute a cause of action for a claim, or form the basis of a defence. The Second, or the factum probandum or the facts-in-issue, are the principal matters in dispute and are the facts to be proved. The third – factum probans – are evidentiary facts, which directly or by inference, prove or disprove the facts-inissue (factum probandum).

SHREE. explained it in right way

Thank you Shreeji.

well iam urgently in required of some citations related to regular bail application in 302 cases why means my client is under judicial custody since past 18 months though chargsheet have been filed yet he has not been released pleaz kindly advise me in this reguard and also forward citation of supreme court if possible