Doctrine of Non Traversal under Order VIII Rule 5 CPC

Doctrine of Non-Traversal under Order VIII Rule 5 CPC 

What is Order VIII Rule 5 CPC?

Order VIII Rule 5 of the Code of Civil Procedure, 1908 deals with the consequences when a party does not specifically deny or "traverse" an allegation in the pleadings (specifically, in the written statement).

The Rule states:

"Where a party to a suit, in his pleading, does not specifically deny the truth of an allegation made against him in the pleading of the opposite party, the court shall presume that such allegation is admitted, unless the opposite party is required by law to prove the same."

Meaning of Doctrine of Non-Traversal

The Doctrine of Non-Traversal means that if a party fails to specifically deny or contradict a material allegation in the pleading of the opposite party, it is deemed to be admitted by that party.

In other words, silence or failure to deny equals admission.

Purpose of the Doctrine

To avoid unnecessary prolongation of trials by making parties responsible for explicitly denying allegations.

To ensure clarity in pleadings and avoid vague or ambiguous denials.

To promote judicial efficiency by narrowing down the points of dispute.

Application

The doctrine applies only to material allegations of fact.

It does not apply to conclusions of law or mere statements of belief or opinion.

It also does not apply if the law requires the plaintiff to prove the allegation despite non-traversal.

The defendant must make specific, clear, and unambiguous denials for the plea to be effective.

Illustration

Suppose the plaintiff pleads that he paid Rs. 1,00,000 to the defendant.

If the defendant's written statement does not specifically deny this payment, the court will presume the payment was made.

If the defendant wants to dispute the payment, he must specifically deny it in his written statement.

Key Points to Remember

AspectExplanation
When applicableWhen a party fails to specifically deny a material allegation
EffectAllegation is deemed admitted
Does not apply toLegal conclusions, opinions, or allegations the other party must prove
Role in pleadingsEncourages specificity and clarity
Burden of proofDoes not shift burden of proof in all cases; some allegations must be proved by the pleader

Case Law on Doctrine of Non-Traversal under Order VIII Rule 5 CPC

1. Lallu Lal v. Mahinder Singh, AIR 1965 SC 749

Held: If a party does not traverse an allegation in the pleading of the opposite party, it is deemed to have admitted that allegation.

Observation: The court stressed the importance of specific denial.

2. Raj Rani v. Prem Shanker, AIR 1965 SC 1863

Held: A general denial or a vague denial is not sufficient to avoid the application of Order VIII Rule 5.

The denial must be specific and clear.

The court noted that non-traversal results in deemed admission.

3. Sumati Dayal v. Gopal Dayal, AIR 1964 SC 1622

Held: Doctrine of non-traversal applies when a party remains silent on a material fact alleged.

Silence means admission.

4. Jameel v. Sahib Singh, AIR 1953 SC 196

Held: Mere silence or failure to deny an allegation means the party admits the truth of the allegation.

Specific denial is necessary to put the matter at issue.

Importance in Litigation

The doctrine puts the onus on parties to clearly specify their denials.

Prevents parties from avoiding issues by vague or ambiguous pleadings.

Helps courts identify the real points in controversy.

Encourages parties to be truthful and precise in their pleadings.

Summary

AspectExplanation
Legal ProvisionOrder VIII Rule 5 CPC
Doctrine NameDoctrine of Non-Traversal
MeaningFailure to specifically deny an allegation means it is admitted
ApplicationMaterial allegations of fact
EffectAllegations deemed admitted
ExceptionsLegal conclusions, matters required to be proved by the other party
Key RequirementDenial must be specific and clear
Leading Case LawLallu Lal v. Mahinder Singh, Raj Rani v. Prem Shanker

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