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THE FIRST SCHEDULE · ORDER VIII Written statement, set-off and counter-claim

Order VIII Rule 4: Evasive-denial

The Code of Civil Procedure, 1908

Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with diverse circumstances, it shall not be sufficient to deny it along with those circumstances.

Questions on this rule

1 question in 6 of our papers cite Order VIII Rule 4.

Practise questions on Civil Procedure Code