Thursday, 15 November 2012

In written statement denial should be specific


In Smt. Asha Handa Vs. Baldev Raj Handa AIR 1985 Delhi 76, the Delhi High Court examined the provisions of Rules 4 and 5 of Order VIII CPC and observed:- 
"The first ground for divorce is persistent cruelty on the part of the respondent. I have briefly adverted to the allegation made by the appellant in this behalf. Significantly, the respondent in his written statement did not make specific denial of each and every averment of fact contained in the petition. For instance, the appellant had specifically contended that she was forced by the respondent to handover her entire salary to him and only a small amount out of the same was given to her for her day to day expenses but I have looked in vain for specific denial of this allegation in the corresponding para of the written statement. He has simply dubbed this allegation as wrong and baseless. Order VIII Rule 4, Civil PC, lays down the where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. The principle underlying this rule is that pleadings should be specific. Rule 5 of the same Order further lays down that every allegation of fact in the plaint, if not denied specifically or by necessary implication or stated to be not admitted in the pleadings of the defendant, shall be deemed to be admitted. In such an event the admission itself being proof, no other proof is necessary." 
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