Monday, 5 November 2018

Whether a fact is deemed to be admitted if not denied specifically in written statement?

 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. 

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4816 OF 2016
Muddasani Venkata Narsaiah (D) Th. Lrs.
V
Muddasani Sarojana


Citation:(2016) 12 SCC 288.

Read full judgment here:Click here
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