The Apex Court in the present case highlighted the importance of para-wise reply to Plaint, and further stated that a general or evasive denial would not be sufficient. The matter was pertaining to the genuineness of a registered Will executed by the testator in favour of his brother’s daughter without any mention of his widow or daughter in the same. After considering the evidence, the Court did not find any error in the High Court’s decision holding the Will genuine.
The Hon’ble Court highlighted that the Plaint filed by the Respondent in the instant matter contained 10 paragraphs besides prayer, while the written statement filed by the Appellants did not contain a para-wise reply but depicted their own story containing 15 paragraphs besides prayer. The Court expressed that “in the absence of para-wise reply to the Plaint, it becomes a roving inquiry for the Court to find out as to which line in some paragraph in the Plaint is either admitted or denied in the written statement filed, as there is no specific admission or denial with reference to the allegation in different paras.”
The Apex Court made reference to Court referred to Order VIII Rules 3 and 5 of the Civil Procedure Code, 1908 regarding specific admission and denial of the pleadings in the Plaint. Further, the Court placed reliance on Badat and Co. v. East India Trading Co., and Lohia Properties (P) Ltd. v. Atmaram Kumar and clarified that a general or evasive denial is not treated as sufficient and it further added that “In the absence thereof, the Respondent can always try to read one line from one paragraph and another from different paragraph in the Written Statement to make out his case of denial of the allegations in the Plaint resulting in utter confusion .”
Consequently, the Hon’ble Court re-affirmed these already well-established position that the allegations made in the Plaint are deemed to be admitted unless the same has been specifically denied in the Para-wise reply of the Plaint.