© Dharani N.

Weerasinghe | 2017

OF FILING ANSWER

Sec. 72 : Judgment against defendant if he admits claim of the plaintiff

If the defendant admits the claim of the plaintiff, the court shall give judgment against the defendant
according to the admission so made. Such admission shall be in writing, signed by the defendant and
his signature attested by an attorney-at-law.

Jayasinghe v. Mercantile Credit Ltd

When there is an admission under Section 72 of the Civil Procedure Code the Court is empowered to
enter judgment on the basis of the admission without compliance with the requirements of section
187 in regard to what a judgment should contain. Even if in the decree there are errors or omissions
the decree is still operative as it stands. If there is any error or omission in the decree the party
concerned should move the Court that entered it and have it corrected.

Sec. 73 : Answer to be in writing

If the defendant does not admit the plaintiffs claim, he shall himself, or his registered attorney shall on
his behalf, deliver to the court a duly stamped written answer.

Sec. 75 : Requisites of answer

Every such answer shall be distinctly written upon good and suitable paper, shall be duly stamped, shall
be subscribed by the defendant or his duly constituted representative as in the case of a plaint is
provided for the plaintiffs subscription, or if he is represented by a registered attorney, by such
registered attorney, and shall contain the following particulars –

(a) the name of the court, the number of the case, and the date of filing the answer;

(b) the name of the plaintiff;

(c) the name, description, and residence of the defendant;

(d) a statement admitting or denying the several averments of the plaint, and setting out in detail
plainly and concisely the matters of fact and law, and the circumstances of the case upon which the
defendant means to rely for his defense; this statement shall be drawn in duly numbered paragraphs,
referring by number, where necessary, to the paragraphs of the plaint;

(e) when the defendant sets up a claim in reconvention the answer must contain a plain and concise
statement of the facts constituting the ground of such claim which the defendant makes in
reconvention. A claim in reconvention duly set up in the answer shall have the same effect as a plaint
in a cross action so as to enable the court to pronounce a final judgment in the same action both on
the original and on the cross claim; but it shall not affect the lien upon the amount decreed of any
registered attorney in respect of the costs payable to him under the decree.

Fernando v. Samarasekere

Where a defendant does not deny an averment in the plaint he must be deemed to have
admitted that averment.
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Wijeratne v. Wijeratna

In terms of section 75(d) where a defendant does not deny an averment in the plaint he must
be deemed to have admitted that averment.

“Each allegation of fact, which has been admitted by the respondent, has been expressly and
specifically dealt with by him. In my view it is only in instances where the facts alleged by the plaintiff
are not specifically dealt with either by an express denial or by a specific statement of non-admission
that they will be taken as admitted.”

A general denial of an averment of the opponent or a general statement of non-admission of

such delegation does not amount to a specific denial, but a distinct and specific statement of non-
admission of the averment of the opponent, amounts to specific denial.

There must be a specific denial or a definite refusal to admit. It must be unambiguous and not
evasive.

Fernando v. Silva

The Sinhala word ‘ප්‍රතික්ෂේප කරමි’ is not the only word which can convey in Sinhala what is
meant by the English word ‘deny’. In the absence of a specific Sinhala word, officially recognized for
the purpose of section 75(d) of the Civil Procedure Code, the Courts cannot insist that only a particular
Sinhala word shall be used when a defendant means to deny any averment in a plaint. Substance is
more important than the meaning of the word ‘deny’ if it clearly conveys the idea that the defendant
does not accept the correctness of the averments set out in the plaint, there is valid denial for the
purposes of section 75(d) of the Code. When pleadings are prepared in Sinhala in accordance with
rules laid down in English, the Courts must have a realistic approach and shall not tie down litigants
with technical forms, forgetting the importance of substance.

Fernando v. The Ceylon Tea Company Ltd

It has been held that although in the English courts allegations of fact not denied specifically
or by necessary implication are taken to be admitted, in our Code there is no such provision and the
non-denial of an allegation is not taken as an admission of it.

Sec. 77 : Rejection and amendment of answer

If any answer is substantially defective in any of the particulars hereinbefore defined, or is

argumentative or prolix, or contains matter irrelevant to the action, the court may, by an order to be
endorsed thereon, reject the same or return it to the party by whom it was made, for amendment
within a period not exceeding one month from the date on which the answer was so returned, and the
court may impose such terms as to costs or otherwise as it thinks fit.

If the answer is rejected or left unamended as ordered, the defendant shall be regarded as having failed
to file answer.

The order so endorsed shall specify the ground of the rejection.

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Sec. 78 : Copy of answer to be delivered to plaintiff or his registered attorney

A copy of the answer shall be served on the plaintiff, or each of the plaintiffs, if more than one, or his
or their registered attorney.

Sec. 79 : When replication may be allowed

Except in the case of a claim by a defendant in reconvention, no pleading after answer shall be tiled
except by order of court on special motion to be made after due notice to the other side, and before
the day appointed for the hearing of the action, upon such terms as to costs and the postponement of
the hearing of the action as the court shall think fit. Such order shall not be made (except in the case of
a claim in reconvention on the part of the defendant) unless the court is satisfied on such motion that
the real issues between the parties cannot be conveniently raised without such further pleading. All
pleadings after answer shall be subject to the rules prescribed by section 75 relative to the form and
substance of the answer, so far as the same can be made applicable, and copies of such pleadings shall
be served on the opposite party or his registered attorney.

Cooray v. Jayawardene

Failure of plaintiff to include a claim upon a cause of action which arose after the institution of
an action, although upon the same subject matter, is no bar to the institution of a subsequent action
upon such claim.

New matter amounting to a new cause of action cannot be set out in a replication filed under
section 79 of the Civil Procedure Code.
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