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The Code of Civil Procedure, 1908: page 106

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 106, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    1
     [(3) A document which ought to be produced in Court by the defendant under this rule, but, is not so
produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of
the suit.]
    (4) Nothing in this rule shall apply to documents—
         (a) produced for the cross-examination of the plaintiff’s witnesses, or
         (b) handed over to a witness merely to refresh his memory.]
    2. New facts must be specially pleaded.—The defendant must raise by his pleading all matters which
show the suit not be maintainable, or that the transaction is either void or voidable in point of law, and all
such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would
raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment,
performance, or facts showing illegality.
    3. Denial to be specific.—It shall not be sufficient for a defendant in his written statement to deny
generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each
allegation of fact of which he does not admit the truth, except damages.
   *[3A. Denial by the defendant in suits before the Commercial Division of the High Court or the
Commercial Court.—(1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this
Rule.
                                                                               e
    (2) The defendant in his written statement shall state which of the allegations in the particulars of
                                                                        od
plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to
prove, and which allegations he admits.
                                                                 aC
    (3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so
and if he intends to put forward a different version of events from that given by the plaintiff, he must state
                                                            di
his own version.
                                                       In
    (4) If the defendant disputes the jurisdiction of the Court he must state the reasons for doing so, and if
he is able, give his own statement as to which Court ought to have jurisdiction.
    (5) If the defendant disputes the plaintiff’s valuation of the suit, he must state his reasons for doing so,
and if he is able, give his own statement of the value of the suit.]
                                                  STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).―
   After Rue 3, insert the following Rule, namely,-
   “3A. Denial by the defendant in suits.—(1) Denial shall be in the manner provided in sub-rules (2),
(3), (4) and (5) of this rule.
   (2) The defendant in his written statement shall state which of the allegations in the particulars of
plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to
prove, and which allegations he admits.
   (3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so
and if he intends to put forward a different version of events from that given by the plaintiff, he must state
his own version.
   (4) If the defendant disputes the jurisdiction of the court he must state the reasons for doing so, and if
he is able, give his own statement as to which court ought to have jurisdiction.
   (5) If the defendant disputes the plaintiff valuation of the suit, he must state his reasons for doing so,
and if he is able, give his own statement of the value of the suit.
  [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)].

1. Subs. by Act 22 of 2002, s. 9, for sub-rule (3) (w.e.f. 1-7-2002).
* 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).

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