The written statement must specifically deal with each of the allegations of fact made in the plaint. The failure to make specific denial amounts to an admission.

The written statement must specifically deal with each of the allegations of fact made in the plaint. The failure to make specific denial amounts to an admission.

Jaspal Kaur Cheema and Anr vs M/s Industrial Trade Links and Ors

Supreme Court

03/07/2017

2017 (8) SCC 592; 2017 AIR (SC) 3995; 2017 (124) ALR 219; 2017 (5) Supreme 337; CIVIL APPEAL NOS. 8384-8386 OF 2017 [Arising out of SLP (C) Nos. 22183-22185 of 2015]

About/from the judgment:

In terms of Order 8 Rule 3 of the Code of Civil Procedure, 1908 (for short ‘the Code’), a defendant is required to deny or dispute the statements made in the plaint categorically, as evasive denial would amount to an admission of the allegation made in the plaint in terms of Order 8 Rule 5 of the Code. In other words, the written statement must specifically deal with each of the allegations of fact made in the plaint. The failure to make specific denial amounts to an admission. This position is clear from the decisions of this Court in Badat and Company v. East India Trading Company (1964) 4 SCR 19, Sushil Kumar v. Rakesh Kumar (2003) 8 SCC 673, and M. Venkataramana Hebbar (dead by LRs) v. M. Rajagopal Hebbar (2007) 6 SCC 401.

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