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The Code of Civil Procedure, 1908: page 107

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 107, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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   4. Evasive-denial.—Where a defendant denies an allegation of fact in the plaint, he must not do so
evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of
money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he
received that sum or any part thereof, or else set out how much he received. And if an allegation is made
with diverse circumstances, it shall not be sufficient to deny it along with those circumstances.
     5. Specific denial.—1[(1)] Every allegation of fact in the plaint, if not denied specifically or by
necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be
admitted except as against a person under disability:
     Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than
by such admission:
     *[Provided further that every allegation of fact in the plaint, if not denied in the manner provided
under Rule 3A of this Order, shall be taken to be admitted except as against a person under disability.]
     2
       [(2) Where the defendant has not filed a pleading, it shall be lawful for the court to pronounce
judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but
the Court may, in its discretion, require any such fact to be proved.
     (3) In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2), the Court shall
have due regard to the fact whether the defendant could have, or has, engaged a pleader.
     (4) Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance
with such judgment and such decree shall bear the date on which the judgment was pronounced.]
                                                                                         e
                                              STATE AMENDMENT
     Jammu and Kashmir and Ladakh (UTs).—
                                                                                 od
                                                                         aC
     In Rule 5, in sub-rule (1) after first proviso thereto, insert the following proviso, namely:-
      Provided further, that every allegation of fact in the plaint, if not denied in the manner provided
                                                                   di
under Rue 3-A of this order, shall be taken to be admitted except as against a person under disability.
                                                             In
     [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)].
     6. Particulars of set-off to be given in written statement.—(1) Where in a suit for the recovery of
money the defendant claims to set-off against the plaintiff’s demand any ascertained sum of money legally
recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and
both parties fill the same character as they fill in the plaintiff’s suit, the defendant may, at the first hearing of
the suit, but not afterwards unless permitted by the Court, presents a written statement containing the
particulars of the debt sought to be set-off.
     (2) Effect of set-off.—The written statement shall have the same effect as a plaint in a cross-suit so as
to enable the Court to pronounce a final judgment in respect both of the original claim and of the set-off:
but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to
him under the decree.
     (3) The rules relating to a written statement by a defendant apply to a written statement in answer to a
claim of set-off.
                                                    Illustrations
(a) A bequeaths Rs. 2,000 to B and appoints C his executor and residuary legatee. B dies and D takes out adminis tration
     to B's effects, C pays Rs, 1,000 as surety for D; then D sues C for the legacy. C cannot set -off the debt of Rs. 1,000
     against the legacy, for neither C nor D fills the same character with respect to the legacy as they fill with respect to
     the payment of the Rs. 1,000.
(b) A dies intestate and in debt to B. C takes out administration to A ’s effects and B buys part of the effects from C.
     In a suit for the purchase-money by C against B, the latter cannot set-off the debt against the price, for C fills
     two different characters, one as the vendor to B, in which he sues B, and the other as representative to A.
(c) A sues B on a bill of exchange. B alleges that A has wrongfully neglected to insure B’s goods and is liable to him in
     compensation which he claims to set-off. The amount not being ascertained cannot be set-off.



1. Rule 5 renumbered as sub-rule 1 by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977).
2. Ins. by s. 58, ibid. (w.e.f. 1-2-1977).
* 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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