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.
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IN THE HIGH COURT OF BOMBAY
Second Appeal No. 66 and 67 of 2003
Decided On: 08.08.2018
Hon'ble Judges/Coram:
Dr. Shalini Phansalkar Joshi, J.
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