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Admission in pleadings and bill verification procedures: failure to deny treated as admission and ex parte bill report quashed.

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Full Text of the Document

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....Failure to specifically deny allegations in the written statement constitutes an admission under Order VIII Rules 3 and 5, permitting the court under Order XII Rule 6 to act on such admissions and treating admitted facts as substantive evidence without proof under Section 58 of the Evidence Act; consequence: petitioner entitled to relief on undisputed claim. The Bill Verification Committee must afford audi alteram partem when proposing to reduce or reject bills, especially on allegations of fraud or inflated claims; consequence: an ex parte bill verification report quashed. Remedy ordered: respondents directed to liquidate the undisputed dues within eight weeks, failing which interest at 6% per annum applies.....