📘 CIVIL PROCEDURE CODE : ORDER VIII

WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

⚖️ CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

📝 ORDER VIII WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM

Denial to be specific

Rule 3

• It shall not be sufficient

– for a defendant in his written statement

– to deny generally the grounds alleged by the plaintiff

• but the defendant

– must deal specifically with each allegation of fact of which he does not admit the truth

– except damages

No Evasive denial

Rule 4

• Where

– a defendant denies an allegation of fact in the plaint

• he must not do so evasively

– but answer the point of substance

Example

• If it is alleged that he received a certain sum of money:

• it shall not be sufficient

– to deny that he received that particular amount

• but he must deny

– that he received that sum or any part thereof

– or else set out how much he received

• If an allegation is made with diverse circumstances:

• it shall not be sufficient

– to deny it along with those circumstances

Consequence of non- specific denial

Rule 5(1)

• Every allegation of fact in the plaint

– if not denied specifically or by necessary implication or

– stated to be not admitted in the pleading of the defendant

• shall be taken to be admitted

– except as against a person under disability:

• proviso

• court may in its discretion

– require any fact so admitted to be proved otherwise than by such admission

Rule 5(2)

• Where

– the defendant has not filed a pleading

• it shall be lawful for the court

– to pronounce judgment on the basis of facts contained in the plaint

– except as against a person under a disability

• but the court

– may require any such fact to be proved, in its discretion

SET-OFF in written statement

Rule 6(1)

• In a suit for recovery of money:

• Where

– the defendant claims to set-off against plaintiff’s demand

– an ascertained sum of money legally recoverable by him from plaintiff..

• the defendant may

– at the first hearing of the suit but not afterwards, unless permitted by the Court

• present a written statement

– containing particulars of the debt sought to be set-off

IIlustration 1

• A sues B on a bill of exchange

• B alleges that

– A wrongfully neglected to insure B’s goods and

– is liable to him in compensation which he claims to set off

• The amount not being ascertained

– cannot be set-off

Illustration 2

• A sues B for compensation on account of trespass

• B

– holds a promissory note for Rs. 1,000 from A and

– claims to set off that amount against any sum that A may recover in the suit

• B may do so

– for as soon as A recovers, both sums are definite pecuniary demands

COUNTER-CLAIM

Rule 6A

• In addition to his right of pleading a set-off under rule 6:

• a defendant in a suit may set up

– by way of counter-claim against the claim of plaintiff

• any right or claim

– for a cause of action accruing to the defendant

– either before or after filing of the suit but before the defendant has delivered his defence

• whether such counter-claim is in the nature of a claim for damages or not

• Such counter-claim

– shall have the same effect as a cross-suit

• so as to enable the Court

– to pronounce a final judgment in the same suit

– both on the original claim and on the counter-claim

• The plaintiff shall be at liberty

– to file a written statement in answer to the counter-claim of the defendant

– within such period as may be fixed by the Court

• The counter-claim

– shall be treated as a plaint and

– shall be governed by rules applicable to plaints

Subsequent pleadings

Rule 9

• No pleading

– other than as defence to set-off or counter¬claim

• shall be presented

– subsequent to written statement of a defendant

– except by leave of Court

• but the Court

– may at any time require a written statement or additional written statement from any of the parties and

– fix a time of not more than thirty days for presenting the same

When party fails to present written statement

Rule 10

• Where

– any party from whom a written statement is required under rule 1 or 9

– fails to present the same within the time fixed by Court

• the Court shall

– pronounce judgment against him or

– make such order in relation to the suit as it thinks fit

• and on pronouncement of such judgment

– a decree shall be drawn up

📘 Free Study Material for Judiciary Aspirants!

Download our FREE study material prepared by Delhi Law Academy’s expert faculty.

✅ Check Free Study Material

❓ Frequently Asked Questions – CPC Order VIII