LEGAL PRINCIPLE: EVIDENCE LAW – Proof of Illiteracy – Necessity of Pleading Illiteracy
PRINCIPLE STATEMENT
A party who wishes to rely on illiteracy must plead that fact; where illiteracy is not pleaded by either party nor any evidence led on it, a finding of illiteracy constitutes mere conjecture.
RATIO DECIDENDI (SOURCE)
"A party who wishes to rely on illiteracy must plead that fact... Illiteracy was not pleaded by either party nor any evidence led on it. It is just the conjecture of the learned trial Judge..."
EXPLANATION / SCOPE
Illiteracy is a material fact that must be specifically pleaded if a party intends to rely on it, particularly under the Illiterates Protection Law. Pleading alerts the opposing party to the issue and enables them to respond or adduce contrary evidence. Without pleading, courts cannot make findings on illiteracy based on speculation or conjecture—such findings lack evidentiary foundation. If illiteracy is pleaded, it must be proved through evidence showing the person cannot read or write. Courts cannot assume illiteracy from appearance, demeanor, or occupation. This requirement prevents surprise findings that might void documents or transactions without proper notice and opportunity to respond. The principle enforces fundamental pleading rules: material facts affecting legal rights must be pleaded and proved, not assumed.