Rule 4 of CPC : Rule 4: Evasive denial.
CPC
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Explanation using Example
Example 1:
Scenario: Ravi files a lawsuit against Suresh claiming that Suresh borrowed ₹50,000 from him and has not repaid it. In his written statement, Suresh denies the allegation.
Incorrect Evasive Denial by Suresh: "I deny that I received ₹50,000 from Ravi."
Correct Denial as per Rule 4: "I deny that I received ₹50,000 or any part thereof from Ravi. In fact, I only received ₹20,000 from Ravi, which I have already repaid."
Example 2:
Scenario: Meena files a lawsuit against Raj claiming that Raj damaged her car on a specific date and time by driving negligently. In his written statement, Raj denies the allegation.
Incorrect Evasive Denial by Raj: "I deny that I damaged Meena's car."
Correct Denial as per Rule 4: "I deny that I damaged Meena's car on the specified date and time by driving negligently. On that day, I was not driving my car at the location mentioned by Meena. I was at my office from 9 AM to 6 PM, and I have witnesses to support this."
Example 3:
Scenario: Anita files a lawsuit against Vijay claiming that Vijay failed to deliver goods worth ₹1,00,000 as per their contract. In his written statement, Vijay denies the allegation.
Incorrect Evasive Denial by Vijay: "I deny that I failed to deliver goods worth ₹1,00,000."
Correct Denial as per Rule 4: "I deny that I failed to deliver goods worth ₹1,00,000. I delivered goods worth ₹80,000 as per the contract, and the remaining goods were delayed due to unforeseen circumstances, which I communicated to Anita in advance."
Example 4:
Scenario: Sunita files a lawsuit against Arjun claiming that Arjun trespassed on her property and caused damage to her garden. In his written statement, Arjun denies the allegation.
Incorrect Evasive Denial by Arjun: "I deny that I trespassed on Sunita's property."
Correct Denial as per Rule 4: "I deny that I trespassed on Sunita's property and caused damage to her garden. On the alleged date, I was out of town attending a family function, and I have travel tickets and witnesses to prove my absence."
Example 5:
Scenario: Kiran files a lawsuit against Priya claiming that Priya did not pay the rent of ₹15,000 for the month of June. In her written statement, Priya denies the allegation.
Incorrect Evasive Denial by Priya: "I deny that I did not pay the rent for June."
Correct Denial as per Rule 4: "I deny that I did not pay the rent of ₹15,000 for the month of June. I paid ₹10,000 on June 5th and the remaining ₹5,000 on June 10th, and I have bank statements to support these transactions."
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