Sunday, January 20, 2013

Civil Procedure Code, 1908, Order 8, Rules 3, 4 and 5

Civil Procedure Code, 1908—Order 8, Rules 3, 4 and 5—Held, Rules 3, 4 and 5 of Order VIII form an integral code dealing with the manner in which allegations of fact in the plaint should be traversed and the legal consequences flowing from its non-compliance—It is obligatory on the part of the defendant to specifically deal with each allegation in the plaint and when the defendant denies any such fact, he must not do so evasively but answer the point of substance—It is clearly postulated therein that it shall not be sufficient for a defendant to deny generally the grounds alleged by the plaintiffs but he must be specific with each allegation of fact.

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