SUPREME COURT OF INDIA – ORDER 8 RULE 5 CPC REQUIRES PLEADINGS TO BE ANSWERED SPECIFICALLY

Supreme Court of India

Date of Judgement: 05.05.2016

It is settled law that denial for want of knowledge is no denial at all. The execution of the sale deed was not specifically denied in the written statement. Once the execution of the sale deed was not disputed it was not necessary to examine Buchamma to prove it. The provisions contained in Order 8 Rule 5 require pleadings to be answered specifically in written statement. This Court in Jahuri Sah & Ors. v. Dwarika Prasad Jhunjhunwala AIR 1967 SC 109 has laid down that if a defendant has no knowledge of a fact pleaded by the plaintiff is not tantamount to a denial of existence of fact, not even an implied denial. (Para 15 of the judgement)

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Amaresh Singh

Advocate Amaresh Singh is a practicing lawyer in Supreme Court of India, Delhi High Court and District Courts of Delhi including Saket Court, Tis Hazari Court, Patiala House Court, Karkardooma Court, Dwarka Court in the field of Civil, Criminal, Corporate, Industry & Labour Laws, Banking and DRT matters, Intellectual Property Rights (Trademark/Copyright) and related cases.