Rule 5 of CPC : Rule 5: Specific denial.
CPC
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Explanation using Example
Example 1:
Ravi files a lawsuit against Shyam claiming that Shyam owes him Rs. 1,00,000 for a loan given on January 1, 2022. In his plaint, Ravi details the date, amount, and circumstances of the loan. Shyam, in his written statement, does not specifically deny the loan or the amount but simply states that he does not owe Ravi any money. According to Rule 5 of the Code of Civil Procedure 1908, since Shyam did not specifically deny the allegations of the loan and the amount, the court may take these facts as admitted by Shyam. The court may then proceed to pronounce judgment in favor of Ravi based on these admitted facts.
Example 2:
Anita files a suit against her neighbor, Sunita, claiming that Sunita has encroached on her property by building a wall that extends 2 feet into her land. Anita provides detailed measurements and a surveyor's report in her plaint. Sunita, in her written statement, does not address the specific measurements or the surveyor's report but simply denies any encroachment. According to Rule 5, since Sunita did not specifically deny the detailed measurements and the surveyor's report, the court may consider these facts as admitted. The court may then require Sunita to prove otherwise or may pronounce judgment in favor of Anita based on the admitted facts.
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