All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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46.

In a Written Statement, which of the following forms of defence is a defendant not permitted to take ?

A: A legal defence such as on the maintainability of the suit.
B: A special defence of confession and avoidance.
C: Traversal of the facts in the plaint specifically dealing with each allegation of fact.
D: Traversal of the facts in the plaint by giving vague, evasive, or routine denials.
E: Set-off or counter-claim.

The answer is: D

Explanation

In a Written Statement, a defendant is generally not permitted to take option D: Traversal of the facts in the plaint by giving vague, evasive, or routine denials.

A Written Statement is expected to provide a clear and specific response to the allegations made in the plaintiff's plaint. Vague, evasive, or routine denials that do not address the specific allegations are generally not considered valid defenses and may not be accepted by the court. The defendant is expected to address each allegation of fact with a clear and specific response, which may include legal defenses (option A), special defenses (option B), or traversing the facts in the plaint specifically (option C). Set-off or counter-claim (option E) is also a legitimate form of defense that can be included in a Written Statement when applicable.