Whether it is necessary to plead a fact which is within special knowledge of defendant?

 Furthermore a fact which is within the special knowledge of the defendant need not be pleaded in the plaint. In Punit Rai v. Dinesh Chaudhary MANU/SC/0608/2003 : AIR2003SC4355 , it is stated:
"...These are the material facts relating to the plea raised by the appellant that the respondent is not a Scheduled caste. We don't think if the respondent means to say that the petitioner should have stated in the petition that the respondent is not born of Deo Kumari Devi said to be married to Bhagwan Singh in village Adai. If at all these facts would be in the special knowledge of respondent, Bhagwan Singh and Deo Kumari Devi hence not required to be pleaded in the election petition. It is not possible as Well. In this connection, a reference may be made to a decision of this Court in Balwan Singh v. Lakshmi Nrain and Ors. MANU/SC/0192/1960 : [1960]3SCR91 . This case also relates to election matter and it was held that facts which are in the special knowledge of the other party could not be pleaded by the election petitioner. It was found that particulars of the arrangement of hiring or procuring a vehicle would never be in the knowledge of the petitioner, such facts need not and cannot be pleaded in the petition.
IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 5665 and 5666 of 2002

Decided On: 20.11.2003

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and Anr.

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When burden of proving fact especially within his knowledge can not be placed on accused as per S 106 of Evidence Act?

 The evidence of the eye-witnesses when considered in
conjunction with the testimony of the doctor does not link the
appellant directly or indirectly with the actual act leading to the
unnatural death of the deceased. In absence of any persuasive
evidence to hold that at the relevant time the appellant was
present in the house, it would also be impermissible to cast any
burden on him as contemplated under Section 106 of the
Evidence Act. The consistent testimony of the appellant and his
son to the effect that after alighting from the bus on their return
from Pota, the deceased was made to accompany DW1 back
home while the appellant did go in search of labourers for works
in his compound on the next day and that thereafter till the time
DW1 had departed for his ancestral house, the appellant did not
return home, consolidates the defence plea of innocence of the
appellant.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
 CRIMINAL APPEAL NO. 919 OF 2013
JOSE @ PAPPACHAN 
V
THE SUB-INSPECTOR OF POLICE,
KOYILANDY & ANOTHER 
Dated:OCTOBER 3, 2016.
Citation: (2016) 10 SCC 519

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