Distinguish between Denial and Dilatory Pleas in written statement.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2022
Distinguish between Denial and Dilatory Pleas in written statement.
Answer & Explanation:
Denials and Dilatory Pleas in written statement Denials A defendant is said to take the defence of denial when he totally and categorically, denies the allegations contained in the plaint. It is also called 'traverse'. Admissions and denials of the material facts alleged in the plaint should be given in the opening paragraphs of the body of the written statement. It may be emphasized that bare denials are in themselves valid defences to the claim made in the plaint. Rules as to denials: Denials must be specific, Denials must not be evasive. Dilatory pleas Pleas which merely delay the trial of a suit on merits have been characterized as 'dilatory pleas'. They simply raise formal objections to the proceedings and do not give any substantial reply to the merits of the case, e.g., the plea that the court-fee paid by the plaintiff is not sufficient. Such pleas should be raised at the earliest opportunity.
Topics: Pleadings and Appearances
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