Sunday, 27 January 2019

Whether fact is deemed to be admitted if it is not specifically denied?

Moreover, in the present case, there is no specific denial to the averments made by the Respondent in the plaint that, the Respondent was always ready and willing to perform its part of the contract. This fact is taken note of by both the Courts below and it was therefore, held that in the absence of specific denial in the written statement about the fact pleaded in the plaint amounts to admission and admitted facts need not be proved.

IN THE HIGH COURT OF BOMBAY

Second Appeal No. 66 and 67 of 2003

Decided On: 08.08.2018

Madhavrao Ramchandra More  Vs.  Rajendra Sahakari Griha Nirman Sanstha Maryadeet and Ors.

Hon'ble Judges/Coram:
Dr. Shalini Phansalkar Joshi, J.

Citation:2019(1)MhLJ 419.
Read full judgment here: Click here

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