[Landmark Judgement] Mahendra Manilal Nanavati V. Sushila Mahendra Nanavati (1965)

Landmark Judgment Law Insider (1)

Published on: 19 September 2023 at 15:02 IST

Court: Supreme Court of India

Citation: Mahendra Manilal Nanavati V. Sushila Mahendra Nanavati (1965) 

Honourable Supreme Court of India has explained that the Doctrine of Non Traversal as if not denied, then it is held accepted. It is held to be well settled position of law under Order VIII Rule 5 of the Code of Civil Procedure, 1908 wherein a material averment is passed over without specific denial, it is taken to be admitted.

The rule says that any allegation of fact must either be denied specifically or by necessary implication or there should be a statement that the fact is not admitted. The allegation should be taken to be admitted, if the plea is not taken in that manner as per the law.

24. Both these provisions, however, vest discretion in the Court to require any fact so admitted to be proved otherwise than by such admission. Rule 6 of Order 12 of the Code allows a party to apply to the Court at any stage of a suit for such judgment or order as upon the admissions of fact made either on the pleadings or otherwise he may be entitled to, and empowers the Court to make such order or give such judgment on the application as it may think just. There is therefore no good reason for the view that the Court cannot act upon the admissions of the parties in proceedings under the Act.

23. Section 58 of the Evidence Act inter alia provides that no fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing or which by any rule of pleading in force at the time they are deemed to have admitted by their pleading. Rule 5 of Order 8, CPC, provides that every allegation of fact in the plaint, if not denied specifically or by necessary implication or stated to be not admitted in the pleadings of the defendant, shall be taken to be admitted except as against a person under disability.

Drafted By Abhijit Mishra

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