ORDER VIII RULE 5 CODE OF CIVIL PROCEDURE, SPECIFIC DENIAL OF PLAINT

The filed plaint needs to read every fact, by the defendant. Because the defendant must either accept or deny the objection. Whatever points of the plaint, are filed by the plaintiff the defendant can deny them if he does not know the plaint at a particular point. By just giving a reply that para nos. 2 of the plaint is denied for want of knowledge. Whatever the denial must be clear and forceful. If there happen to be points that part of the argument of the plaintiff is admitted and part is denied, it must be stated so clearly in the written statement. It must be remembered that if the written statement happens to be not specifically denied, stay neutral or not just reply to the plaint. Then it must be taken to be admitted except for the person under disability. Therefore, it is necessary that whatever facts are denied by the defendant must be, explicitly, categorically, and specifically denied.

Leave a comment