Welcome to Drisnt Judiciary - Powored by Drisht IAS (https /law.cristiias.corn/) (HTTPs://WWW.DRISHTIJUDICIARY.COM) DaisHT! JUDICIARY Home (https://www drishtijudiciary.com/en) Blog (https://www.drishtijudiciary.com/blog) Online Course (/online-courses) Classroom Program (/classroom-programme) Login Search Q Language: Eng feet ‘About Judiciary Exam + Current Affairs + Study Material + Daily Practice + State Judiciary Services + Free Downloads + Courses + supreme Court (/tags/supreme-court) Thangam and Anr. v. Navamani Ammal <> “failure on the part of the defendant to give a specific para-wise reply in the| | | iT | written statement would make the allegations admitted against the defen- a dant.” —Justices CT. Ravikumar and Rajesh Bindal Source: Supreme Court (https:/fwebapiscigov. Mar-2024.pat) upremecourt/2007/31069/31069_2007_13_1502_51045_Judgement_o4- Why in News? Recently, the Supreme Court (Jimportant-institutions/supreme-court-of-Indlia) in the matter of ‘Thangam and Anr. v.Navamani Ammal, has held that the failure on the part of the defendant to give a specific pora-wise reply in the writen statement would moke the allegations made in the plaint as ‘admitted against the defendant. What was the Background of Thangam and Anr. v. Navamani Ammal Case? ' In this case, the testator of the Will, Poloniandi Udoyar, was the husband of appellant no. land father of ‘appellant no. 2, 1 The Will was executed infavour of Navamani Amma (Plaintiff), who as per the natration in the Willis ‘sid to be daughter of the brother of the testator. = The plainti({/respondent fied a suit seeking declaration and injunction before the Trial Court against the coppettent/detendant. * Avntten statement fled by the oppellonts/ defendant, made ne specifi denial tothe clalm made by the idetendant to the allegations respondent plainti{ and nether parawse reply wos given by the appela levied in the paint. + The Ticl Court decreed the sulin favor of the respondent/plaintit. + Inappeal by the appellants, judgment and decree of the Trial Court was reversed by the irat Appellate court. ‘In the second apped! fled by the respondent the judgment and decree of the Fitst Appellate Court was set aside and that of the Trial Court was restored by the High Court. ' Thereafter, the oppelants fled an appeal before the Supreme Court which was later dismissed by the court.Welcome to Drisht Judiciary - Powored by Drisht IAs (https /law.cristiias.corm/) (HTTPS://WWW.DRISHTIJUDICIARY.COM) DaisuT! JUDICIARY Home (https://www.drishtijudiciary.com/en) Blog (https://www.drishtijudiciary.com/blog) Online Course (/online-courses) Classroom Program (/classroom-programme) Login SearchQ Language: Eng feet ‘About Judiciary Exam + Current Affairs + Study Material + Daily Practice + Free Downloads + Courses + * Austen statement ordinatly means o reply tothe plaint (/to-the-point/ttp-code-of-civil- procedure/plaint) tied by the plointit. tis the pleading of the defendant. * Order viot CPC contains provisions in elation tothe writen statement Rule 3 of Order VIII of CPC: = This rule deals with the denial to be specific. * It stotes thot it shall net be sufficient for a defendant in his written statement to deny generally the ‘grounds olleged by the plointif, but the defendant must deal specifically with each allegation of fact of Which he does not admit the truth, except damages. Rule 5 of Order Vill of CPC: 1 This rule deals with speeifie denial. states that - (1) Every allegation of fact in the ploint, i net 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 dlsabilty: Provided that the Court may in ite dlscretion require any fact so admitted to bbe proved otherwise than by such admission, Provided further that every allegation of fact in the plait, not denied in the manner provided under Rule 2A of this Order, shall be taken to be admitted excent as against a person with disabilty. (2) where the defendant has not filed a pleading, it shat be lawful for the court to pronounce judgment on the basis of the facts contained in the plant, except as against a person under a isobilty, but the Court may, in its dseretion, 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 defenclant could have, or has, engaged a pleader. (4) whenever a judgment is pronounced under ths rule, c decree shall be drawn up in accordance ‘with such judgment and such decree shall bear the date on which the judgment was pronounced. © Me EL eee Cunees (1) ie Dea (Jelaseroom-programme) Commencement Date a TIMING : 11 AM