Civil Procedure Code, 1908
Order 8 Rules 3 & 5—Written statement—Para-wise reply—Requirement of—Provisions of Order 8 Rules 3 and 5 of the HYPERLINK "https://indiankanoon.org/doc/161831507/" \h CPC clearly provides for specific admission and denial of the pleadings in the plaint—A general or evasive denial is not treated as sufficient—Written statement must have para-wise reply to the plaint—In the absence of para-wise reply to the plaint, it becomes a roving inquiry for the court to find out as to which line in some paragraph in the plaint is either admitted or denied in the written statement filed, as there is no specific admission or denial with reference to the allegation in different paras.
[Para 15]
Will
Genuineness of—Will executed in favour of the daughter of the brother of the testator declared to be genuine by the High Court—Appeal—Appellants are widow and daughter of testator and admittedly, they were living away from the testator—Even at the time of his death the appellants were not present—Will cannot be held to be suspicious on the ground of alleged ill-health of the testator at the time of the execution of the Will—No error has been committed by the High Court in holding that the Will was not surrounded by suspicious circumstances as the scribe and one of the witnesses were unison—Testator was conscious of the fact that he had a wife and a minor child whose interest had been taken care of by leaving part of the property for them—Certain part of properties was left by testator for his widow and minor daughter—Will rightly declared to be genuine by the High Court—Appeal dismissed.
[Para 13]