Rule 8 of CPC : Rule 8: Denial of contract.
The Code of Civil Procedure, 1908
Bare Act
- THE FIRST SCHEDULE
- ORDER VI: PLEADINGS GENERALLY
Where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract.
Simplified Act
- If someone claims there is a contract in their legal documents, and the other side simply denies it, this denial only means they are saying the contract or the facts that suggest there is a...
Explanation using Example
Example 1:
Scenario: Ramesh files a lawsuit against Suresh, claiming that Suresh agreed to sell him a piece of land for ₹10 lakhs and later refused to complete the sale.
Pleading by Ramesh: Ramesh alleges in his pleading that there was a contract between him and Suresh for the sale of the land.
Response by Suresh: Suresh files a written statement denying the existence of any such contract.
Application of Rule 8: According to Rule 8, Suresh's denial will be interpreted as a denial of the fact that the contract was made or the facts from which the contract could be implied. It will not be taken as a denial of the legality or sufficiency of the contract itself.
Outcome: The court will focus on whether the contract was actually made or whether the facts support the existence of such a contract, rather than questioning the legal validity of the contract at this stage.
Example 2:
Scenario: Priya sues her business partner, Anil, claiming that they had an oral agreement to share profits equally from their joint venture, but Anil has not honored this agreement.
**Pleading...