...., plaintiff and the defendants are each entitled to 1/4th share, is not in dispute. 4. The only defence taken in the written statement is that ...triable issue, the suit itself can be disposed on the basis of admissions made in the pleading. The admissions can also be inferred directly from the pleadings when there is no specific denial in the...the written statement is to the effect that the description of the property is not correct. Further, it is stated that the plaintiff is not in joint possession. In respect of other aspects, the title...

..., which came to be dismissed on 30.07.2014. Thus, the observation of this Court in the said order that there is no specific denial in the written statement and ...hearing on the merits holding that there is no specific denial of the plaint averments in the written statement and by way of amendment, the defendants are trying to take away the deemed admission... the ground that in the written statement in each case, there is no specific denial of the suit transactions and the suit claim and that the defenda...

.... Under Rule 3 of Order 8, it is provided that the denial by the defendant in his written statement must be specific with reference to each allegation of fact made in the plaint. A general denial or an..., only on being satisfied that there is no fact which need be proved on account of deemed admission, the court can conveniently pass a judgment against the defendant who has not filed the written...Respondent 2, for specific performance merely on the ground that written statement was not filed by them on the date fixed for that purpose. It is also contended that the High Court had rejected the...

.... Even the defence of the defendant No.1 is categoric in respect of aforesaid fact when she was in need of finance. There is no replication to the written statement on these lines. The wi...another and Cross objection No.15-C of 2012 are being decided. 2. Plaintiff Gurjinder Singh filed a suit for possession by way of specific performance of agreement to sell dated...purchase it. It shows that defendant No.2 purchased the plot in question without notice of agreement to sell. Both the Courts below have held that plaintiff is not entitled to relief of specific...

...Order 7 Rule 11 CPC respectively. Relevant observations in the impugned order are reproduced herein below for ready reference:“9. In the present case the written statement of ...the defendant is a chronic defaulter in payment of rent and he is in arrears of rent w.e.f February, 2002, however, there has been no specific denial of this fact in the original written statement. By...proposed amendments are merely explanation to the admissions. In the written statement the defendant has taken the objection that the plaintiff is not the landlord of the property and one Smt. Yashwanti...

...of the first defendant is read and it is found that the denial is in the nature of evasive one and there is no specific denial is made. It is well settled that any facts pleaded in ...written statement for execution of the pro-note by the first defendant. Even in the evidence of D.W.1, there is no denial for execution of the pro-note and she has specifically admitted that she has signed.... 5. Defendants 2 to 5 filed a written statement stating that there was no necessity or occasion to borrow any money from the plaintiff as alleged by him and denied the execution of the...

...plaintiff in view of the deemed admission by the defendant, the court can conveniently pass a judgment and decree against the defendant who has not filed the written statement. But, if the plaint itself...:“29. As pointed out earlier, the court has not to act blindly upon the admission of a fact made by the defendant in his written statement nor should the court proceed to pass.... However, in spite of numerous opportunities, no written statement was filed by the respondent-defendants. Since the respondent-defendants failed to file written statement, the trial court directed the...

...implied the rule and held that the letter need not be proved aliunde -is it must be deemed to have been admitted in spite of the vague denial in the written statement. 1. therefore, hold that the..., 1949 are given and it is specifically stated that they passed between the parties. Nowhere in the written statement there is a denial as regards the 40...resulted thereby. Therefore the said three statements of facts must be deemed to have been admitted." Dealing with para 8 of the written statement, the learned judge says...

..., 1991, he reported for joining duty. However, respondent No. 3 did not allow him to join duty. No specific denial of this assertion was made in the written statement, para 14 was generally denied...certificate, we cannot accept the assertion in the written statement that the petitioner had not produced the certificate when he approached for assuming duty on September 9, 1991. When September 7, 1991...was a public holiday followed by Sunday, another holiday, the petitioner could legitimately approach the respondents on the next working day for assuming duty. Denial on the part of respondents was...

...the written statement, there is no specific denial to the averments made by the complainant, this amounts to deemed admission on part of OP. Hence, on .... 25. Further, paragraph no.4, 5, 6, 7 of the evidence affidavit by OP are beyond pleadings, which is again in contravention of the settled principle of law that one cannot go beyond .... 12. Written statement was filed on their behalf raising preliminary objections such as: the complainant has suppressed the material facts and there were several discrepancies in the claim...

...witnesses. In view of this decision the judgment of the High Court cannot be upheld. The observation of the High Court that there was no specific denial by the appellant in his written statement also does...denied in the written statement the execution of the document it was not necessary for the respondent-plaintiff to examine any attesting witness to prove the execution of the mortgage deed...not appear to be correct as the appellant in paragraph 11 clearly stated that he did not admit the document dated 22-4-1958. There was thus a specific denial and as held by the Privy Council in...

...the aforesaid Rules of pleading only to highlight that in the written statement, there was absolutely evasive denial. We are not proceeding to state whether there was admission or not, but where there...disputed in the written statement, the allegations made therein would be deemed to have been admitted, and, thus, no evidence contrary thereto or inconsistent therewith could have been permitted to be...regular course of business; that the written statement was absolutely evasive and no plea of forgery being taken, the challenge that the signatures were obtained fraudulently or by any other method or...

...admission of the facts pleaded in the written statement. The specific objection in the form of denial was raised in the affidavits filed in respect of the injunction applications which were accepted on...there is no specific denial, the proviso comes into play but if there is denial, the proviso will not apply.”31. The two attesting witnesses to the said deed of...division.4. In the written statement filed by the present appellant, he stated that Items 1 to 3 in the plaint schedule property were assigned in his favour by virtue of a...

...grant of ad interim injunction, no written statement or reply was filed on 10-2-1987. The presiding officer was on leave on this day also. The matter was placed before a Judge in-charge. He directed...Rule 9 no pleading subsequent to the written statement of a defendant other than by way of defence to a set-off or counter-claim shall be presented except by leave of the court and upon such terms as...the trial has already commenced. But certainly a counter-claim is not entertainable when there is no written statement on record. There being no written statement filed in the suit, the counter-cl...

...the suit was not barred by limitation.4. In this appeal the learned counsel for the appellant submits that in the written statement there was no specific denial of the payment made by....”8. The question is whether the above averments in the written statement will amount to specific denial as required under Order 8, Rule 5. A Division Bench of this...Code of Civil Procedure requires denial of allegations in the plaint to be specific. Where a defendant simply “puts the plaintiff to proof of the several allegations in the plaint, he will be deemed to...

...deed but stated in his written statement that it was not genuine, the denial of execution by the defendant is a specific denial within the meaning of the proviso to section 68 and therefore it is...present case, defendant 1 who is the mortgagor has not put in any written statement, with the result that he cannot be deemed to have specifically denied the execution of the document.... C. 117 show that the denial has to be in respect of the execution. One of the contentions in the written statement in that case was "the contesting...

...).5. The short question, therefore, is whether there had been a specific denial in the written statement. Before I advert to the said question, I shall point out that the usage of the...Council was not really concerned only with the question whether there was a specific denial in the written statement. As a matter of tact, in that case one of the attesting witnesses was examined, but the...the contention that the averment in the written statement in the instant case would not amount to a specific denial within the meaning of S. 68 of the Evidence Act, viz...

...instead of digging the facts from the various paragraphs of the plaint and the written statement. 15.4 The issue regarding specific admission and denial of the.... 6.1 In the written statement filed by the appellants, there was no specific denial to the claim made by the respondent/plaintiff. No para- wise reply was give...filed, as there is no specific admission or denial with reference to the allegation in different paras. 15.1 Order VIII Rules 3 and 5 CPC clearly provides for specific...

...relation to an incident the Supreme Court has observed as follows:“There is no denial much less any specific denial of this allegation in the written statement of the respondent th...denial in the written statement as provided under Order 8, Rules 3 and 5 of the Code of Civil Procedure, the same has to be taken as admission of the plaintiff's case and in.... DENIAL TO BE SPECIFIC: - It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each...

...Statement. The learned Counsel further submitted that since there was no specific denial in the Written Statement, it amounts to admission and therefore, the non-examination of the Plaint...that there is no fact which needs to be proved at the instance of the Plaintiff in view of the deemed admission by the Defendant, the Court can conveniently pass a judgment and decree against the...Statement to the contrary or any evidence of rebuttal. The Trial Court in our view clearly adopted an erroneous approach by inferring that merely because there was no evidence of denial or rebuttal, the...