Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Proviso - Judgment on admission - Court is not bound to grant relief to plaintiff only on basis of admission of defendant...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - In the absence of any specific denial in the written statement, contents of plaint would be deemed to be admitted...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Allegations of fact not denied specifically - Same are deemed to be admitted - By asserting adverse possession, defendant impliedly admitted plaintiff's title...........
Civil Procedure Code, 1908, Order 8, Rule 5(2) -- Written statement - Not filed within time - Court has two options, (i) to pronounce judgment taking the facts pleaded in the plaint as uncontroverted and true; (ii) if the Court feels that its conscience would be clear if plaintiff was asked to prove those facts, it could exercise second option of asking the plaintiff to do..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Absence of specific denial of fact - Statement in a subsequent affidavit by itself would not amount to withdrawal of admission in original petition which is the pleading in the case...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Simpliciter denial in absence of any categoric denial to factual averments made in plaint, would be deemed to be admitted...........
Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Absence of specific denial of fact - Said fact shall be taken to be admitted - Admission itself being proof, no other proof is necessary...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Averment in plaint not admitted and it was stated that it is for plaintiff to prove such allegations - It means that averment has been admitted...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Non filing of written statement - Defendant loses his right to put forth his defence - However, such defendant is not debarred from cross examining plaintiff's witnesses and demolish plaintiff's case - He is also entitled to make such arguments and submissions on questions of law as plaintiff may not have..........
Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5 -- Recovery suit for loan amount - Undefended suit - Defendant never denied and in fact admitted the loan amount received from plaintiff in reply to letters issued by plaintiff - In fact defendant never denied the oral agreement executed between parties - However, defendant never came..........
