Modula India v. Kamakhya Singh

(1988) 4 Supreme Court Cases 619Supreme Court of India1988Civil Procedure Code and Law of Limitation

Rule established

An evasive denial in a written statement is treated as an admission under Order VIII Rule 5. Where the defendant merely says an allegation is 'not admitted' without giving any explanation or counter-facts, the denial is evasive and the allegation is deemed admitted.

Facts

The plaintiff made specific factual allegations in the plaint
In the written statement, the defendant dealt with these allegations by merely stating they were "not admitted" without providing any explanation or counter-version
No specific denial with supporting facts was offered
The question arose whether such a bare "not admitted" response constitutes a valid denial

Issue

Whether a bare statement that allegations are "not admitted" without further explanation constitutes a valid denial under Order VIII Rules 3 to 5.

Held

Order VIII Rule 3 requires the defendant to deal specifically with each allegation of fact in the plaint
Rule 5 provides that every allegation not specifically denied shall be taken as admitted
A mere "not admitted" without reasons or counter-facts is an evasive denial
An evasive denial does not satisfy the requirement of specific denial
The consequence: the allegation is deemed admitted under Rule 5

Ratio Decidendi

A written statement must specifically deal with each material allegation. A bare "not admitted" without explanation is an evasive denial treated as admission under Order VIII Rule 5. Specific denial requires positive counter-statement or reasons.

How to use it in an exam

Written statement rules: Authority on evasive vs specific denial
Order VIII Rule 5: Deemed admission of non-specifically denied facts
Key line for exam: "In Modula India v. Kamakhya Singh (1988), the Supreme Court held that merely stating allegations are 'not admitted' without explanation is evasive denial, treated as admission under O.VIII R.5."

Source

Source: (1988) 4 SCC 619

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Written StatementEvasive denial vs specific denial