Wednesday, September 30, 2020

Written - Statement - Denial

.......... Written - Statement.......... & ........................ Denial..
                                      



- Denial in written statement must  be specific in respect of each  allegation in plaint against defendant.

- Denial in written statement must specific in respect of  each allegation of fact of which defendant does not admit the truth.

- Defendant in written statement must not evasively denies allegation against him but answer the point of substance.

- Every allegation of fact in plaint , if not denied specifically or by necessary implication or stated to be admitted in pleading of defendant , shall be taken to be admitted.

- Basically as per provision of pleading allegation by plaintiff in plaint against defendant shall be specially denied in written statement if not denied amount to be admitted.

- Basically pleading means plaint & written statement.

======== Relevant Provision =======

- Order 6 Rule 1 , Order 8 Rule 3/4/5 of Civil Procedure Code 1908.

............ Relevant Judgement....................

- M. Venkataramana Thevnar (D) by Lrs v/s M.Rajagopal He bar  & A.I.R.2007 S.C.(Supp) 43.

- M/s Gian Chand & Brothers & Another v/s Rattan Lal @ Rattan Singh A.I.R.2013 S.C.1078.

- Subramani and Ors v/s M. Chandralekha A.I.R. 2005 S.C.485.

- Jaspat Kaur Cheers and Anr v/s M/s Industrial Trade Links and and Ors etc 2017 (7) SCALE 230 = 2017 SAR 757.

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