Order VIII Rule 5 CPC: Specific denial

Order VIII Rule 5: Specific denial

¹[(1)] Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as against a person under disability:

Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than by such admission:

²[Provided further that every allegation of fact in the plaint, if not denied in the manner provided under Rule 3A of this Order, shall be taken to be admitted except as against a person under disability.]

³[(2) Where the defendant has not filed a pleading, it shall be lawful for the court to pronounce judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but the Court may, in its discretion, require any such fact to be proved.

(3) In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2), the Court shall have due regard to the fact whether the defendant could have, or has, engaged a pleader.

(4) Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance with such judgment and such decree shall bear the date on which the judgment was pronounced.]

State Amendment (as printed in the official text)

Jammu and Kashmir and Ladakh (UTs).— In Rule 5, in sub-rule (1) after first proviso thereto, insert the following proviso, namely:-

Provided further, that every allegation of fact in the plaint, if not denied in the manner provided under Rue 3-A of this order, shall be taken to be admitted except as against a person under disability.

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].

Footnotes in the official text

1.Rule 5 renumbered as sub-rule 1 by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977).
2.Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
3.Ins. by s. 58, ibid. (w.e.f. 1-2-1977).

Questions on this rule

1 question in 6 of our papers cite Order VIII Rule 5. Try these from the free papers:

1. Consider the following statements under Order VIII CPC: 1. Where the defendant has not filed a pleading, the Court may pronounce judgment on the basis of the facts in the plaint, except as against a person under a disability. 2. If the plaintiff fails to reply to a counter-claim, the Court may pronounce judgment against him in relation to the counter-claim. 3. A ground of defence that has arisen after the institution of the suit cannot be raised by the defendant in his written statement. Which of the statements given above is/are correct?