MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Undenied Allegations in Plaint to be Deemed Admitted by Defendant: Supreme Court

07 May 2024 8:19 AM

By: Admin


The Supreme Court, in its decision on Srinivas Raghavendrarao Desai (Dead) by LRs. versus V. Kumar Vamanrao @ Alok and Ors., has reinforced a vital tenet of civil procedural law. The bench, comprising Justices C.T. Ravikumar and Rajesh Bindal, clarified that allegations in a plaint must be specifically denied in the written statement; otherwise, they are assumed to be admitted by the defendant.

This principle was pivotal in the Court's analysis of a property dispute involving family members. The case revolved around the validity of partitions and the ownership of properties, particularly Regular Survey Nos. 106/2 and 44/4. The Court's statement, "every allegation of fact in the plaint, if not denied in the written statement shall be taken to be admitted by the defendant," played a crucial role in assessing the claims and counterclaims of the parties involved.

The Court scrutinized each party's pleadings, focusing on how allegations were addressed or ignored in the written statements. This approach influenced the adjudication of the case, as the Court gave significant weight to the facts that were not specifically denied, thus presumed admitted. The judgment also delved into the examination of the validity of the partition deeds of 1965 and 1984 and the subsequent sale of property.

The apex court allowed the appeals, setting aside the findings of the High Court. It held that the properties in question, Regular Survey Nos. 106/2 and 44/4, rightfully belonged to the appellants, and upheld the validity of the sale deed concerning Survey No. 106/2.

 Date of Decision: 4th March 2024

Srinivas Raghavendrarao Desai (Dead) by LRs. versus V. Kumar Vamanrao @ Alok and Ors.,

 

Latest Legal News