Denial Versus Submission in WS

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Denial Versus Submission in Written Statement

DENIAL Versus Submission in WS

Supreme Court in M. Venkataraman Hebbar (D) By L.RS. Vs. M. Rajgopal Hebbar & Ors. 2007

(5) SCALE 598, observed;

“Thus, if a plea which was relevant for the purpose of maintaining a suit had not been

specifically traversed, the Court was entitled to draw an inference that the same had been

admitted. A fact admitted in terms of Section 58 of the Evidence Act need not be proved.”

If NOT Denied, it's Accepted : Delhi High Court

[Asha Kapoor v. Hari Om Sharda (2010) 171 DLT 743] the Delhi High Court has explained the

underlying rule in civil litigation that averments made by one party unless specifically refuted

would be deemed to be accepted. The principle which is now firmly embedded in as much as

determination of civil suits, in terms of Order 8 of the Code of Civil Procedure, was explained by the High Court to be one of seminal importance.

It was held that, "as per written statement of petitioner it is apparent that, she has nowhere

specifically denied that she has not acquired vacant and physical possession of premises no.

C-91, IIIrd Floor, West, Gorakh Park Ext. Shahadra, Delhi. 16. Order VIII Rule 3, 4 and 5 of the

Code of Civil Procedure (for short as 'Code') read as under;

“3. Denial to be specific.- It shall not be sufficient for a defendant in his written statement to

deny generally the ground alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages."

EXAMPLE OF DENIAL

"The content of the para under reply are totaly wrong, false and hence denied and each

content of the para is vehemently & specifically denied in toto word by word."

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