×
   Lawyers Click Here

The Supreme Court reiterates the basic rules of pleadings that a written statement must have a para wise reply to the plaint. Allegations are deemed to be admitted unless specifically denied.

THANGAM AND ANOTHER VERSUS NAVAMANI AMMAL

2024-Mar-05

THANGAM AND ANOTHER VERSUS NAVAMANI AMMAL

A suit filed by the respondent/plaintiff for declaration and injunction was decreed by the Trial Court, holding the Will to be genuine. In appeal by the appellants, judgment and decree of the Trial Court was reversed by the First Appellate Court. In the second appeal filed by the respondent the judgment and decree of the First Appellate Court was set aside and that of the Trial Court was restored by the High Court. The Supreme Court on appreciating the pleadings filed by the arties observed that the appellant herein, had not filed her written statement as per the rules and that in absence of specific denial of the statements made in the Plaint, they were to be admitted.
 
The Supreme Court held thus:
 
“Order 7 of the Code of Civil Procedure prescribes, among others, that the plaintiff shall give in the plaint the facts constituting the cause of action and when it arose, and the facts showing the court has jurisdiction. The object is to enable the defendant to ascertain from the plaint the necessary facts so that he may admit or deny them. Order VIII provides for the filing of a written-statement, the particulars to be contained therein and the manner of doing so.
 
These three rules form an integrated code dealing with the manner in which allegations of fact in the plaint should be traversed and the legal consequences flowing from its noncompliance. The written statement must deal specifically with each allegation of fact in the plaint and when a defendant denies any such fact, he must not do so evasively, but answer the point of substance. If his denial of a fact is not specific but evasive, the said fact shall be taken to be admitted. In such an event, the admission itself is proof, no other proof is necessary.”

 

THANGAM AND ANOTHER VERSUS NAVAMANI AMMAL

What can the Legal Experts do for you? Our team of lawyers is ready to help you in minutes with any legal question.

Whatsapp Call Now
Latest News And Judgment
Public Query