A Written Statement Must Necessarily Deal With The Allegations In The Plaint Paragraph Wise

INTRODUCTION:

The Apex Court in a recent decision in Thangam and Another vs Navami Ammal¹, inter alia observed that Order VIII Rule 3 and Rule 5 of the Civil Procedure Code, 1908, required specific admission and denial of the pleadings in the plaint. The allegations in the plaint would have to be dealt para-wise.

FACTS:

One Mr. Palaniandi Udyar ("Testator") held about 8 acres of land and three houses. By way of a registered Will dated 9th October, 1984, ("Will") the Testator bequeathed approximately 3.5 Acres of land in favour of the Respondent (the Plaintiff in the Suit) who was the daughter of the Testator's brother, stating therein that she was like his daughter.

The Testator was the husband of Appellant no. 1 (the Defendant No. 1 in the Suit), Thangam and father of Appellant no. 2 (the Defendant No. 2 in the Suit), Laila.