Order VIII Rule 4

Evasive-denial

Written statement, set-off and counter-claim, in the First Schedule to The Code of Civil Procedure, 1908

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.

How this Rule is cited

It is written both ways, and both mean this Rule: Order VIII Rule 4 CPC and Order 8 Rule 4 CPC. Pleadings usually take the arabic form, judgments usually the numeral.

Orders of the courts under it: Order 8 Rule 4 CPC, Order VIII Rule 4 CPC. Each opens the full-text search over every order eCourtsIndia holds.

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.