Order 8 Rule 5:- Specific denial.

  • May 19, 2021

Specific denial. – [(1)] Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as against a person under disability :
Provided that the Court may in it discretion require any fact so admitted to be proved otherwise than by such admission.
[(2) Where the defendant has not filed a pleading, it shall be lawful for the Court to pronounce judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but the Court may, in its discretion, require any such fact to be proved.
(3) In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2), the Court shall have due regard to the fact whether the defendant could have, or has, engaged a pleader.
(4) Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance with such judgment and such decree shall bear the date on which the judgment was pronounced.]

 

For Complete Code of Civil Procedure, 1908 Bare Act. Click here.

 

 

Are you Looking for a Legal Professional? Click here

OR

Are you a LawyerRegister here to get published on Advocate Finder, an open platform for lawyers.

Leave a Reply

Your email address will not be published. Required fields are marked *