Reviewed case brief

Modula India v. Kamakhya Singh

(1988) 4 SCC 619

## Summary

CPCwritten-statementevasive-denialspecific-denialorder-VIII-rule-5admissiondeemed-admitted
Court
Supreme Court of India
Year
1988
Subjects
Civil Procedure Code and Law of Limitation
Reviewed
2026-06-29

Rule established

An evasive denial in a written statement is treated as an admission under Order VIII Rule 5. Where the defendant merely says an allegation is 'not admitted' without giving any explanation or counter-facts, the denial is evasive and the allegation is deemed admitted.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        (1988) 4 SCC 619; verified via scribd.com, studocu.com

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.