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 3, 5 -- Written statement - Allegations in plaint must be dealt with para wise - There must be specific admission and denial - General or evasive denial is not sufficient - Preliminary objections must be taken in a separate set of paragraphs - Additional pleadings can also be raised in the written statement, if required...........
Agreement to sell -- Specific performance - Non framing of specific issue of readiness and willingness - Non denial in written statement of specific averment in plaint as to readiness and willingness - Plaintiff was subjected to elaborate cross examination by defendant on the aspect of readiness and willingness - Objection raised to this effect for the first time in..........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Specific denial - General principle that a defendant who proposes to deny truth of an allegation against him/her ought to do it either specifically or necessary implication in lieu of mere general or evasive denial, applies to Family Courts also...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of plaintiff that decree is result of fraud, misrepresentation or impersonation - Mere fact that decree was passed on same day when admitted written statement was filed, ipso facto not sufficient to accept contention of plaintiff - Moreover, there is no denial that essentials of fraud are required to be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Application to lead secondary evidence to prove rent note was dismissed - Once tenant has taken a categoric stand that he had not been inducted as a tenant by father and husband of landlord question of leading evidence for production of rent note would not arise - It would amount to taking a..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - Suit for declaration - Defendant in his written statement clearly denied the possession and title of plaintiffs - Moreover, by pleading adverse possession plaintiffs have themselves admitted title of defendants, which is not extinguished - Objection raised by plaintiffs that there is no..........
Will -- Proof - Burden to prove execution and contents is upon propounder of Will - Merely because there is no specific denial in written statement/objection on behalf of defendants, it cannot be said that applicant is discharged from her burden to prove execution of Will...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of agreements to sell - Plaintiff failed to satisfy essential test qua photocopy of agreements to sell - No specific averments were made in plaint as regard to these agreements to sell - More so, despite of denial of said agreements to sell in written statement, no application u/s 65 of the Act was moved for..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Copyright violation - Territorial jurisdiction - There is no specific denial in written statement to averments in plaint, therefore, defendant deemed to have admitted such allegations - Moreover, defendants on its website admitted of its offices at New Delhi, being global company and as per its governing..........
