Topper-Level Notes on Order VIII – CPC
(Written Statement, Set-off & Counter-
Claim)
Order VIII of the Civil Procedure Code, 1908, governs the defendant’s written statement,
set-off claims, and counter-claims. Below are well-structured, topper-style notes on each
rule to help you write high-quality answers in judicial services mains exams.
Rule 1 – Written Statement
This rule mandates that the defendant must file a written statement within 30 days from the
date of service of summons. The court may extend this time up to 90 days with recorded
reasons. In exceptional cases, the Supreme Court (Salem Advocate Bar Association v. UOI,
2005) permitted an extension beyond 90 days, but only under extremely hard
circumstances. The provision ensures a time-bound and efficient trial process.
Rule 1A – Duty of Defendant to Produce Documents
If the defendant relies on any document for his defence or counter-claim, he must:
(i) Mention the document in a list;
(ii) Produce it with the written statement;
(iii) Mention who possesses the document if it's not with him;
(iv) Seek court’s leave if producing it later.
This promotes fairness and prevents surprise evidence during trial.
Rule 2 – New Facts Must Be Specially Pleaded
The defendant must explicitly plead any special defence such as fraud, limitation, payment,
discharge, illegality, etc. These facts cannot be presumed and must be raised at the first
instance. The aim is to give the plaintiff proper notice of all defences in law and fact.
Rule 3 – Denial to Be Specific
A general or vague denial is not sufficient. The defendant must specifically deny each
material allegation of fact in the plaint. Failure to do so may result in deemed admission.
This rule ensures clarity and helps the court identify disputed facts precisely.
Rule 4 – Evasive Denial
Denial must not be evasive. If a fact is denied, it must be done with full particulars. For
instance, if money receipt is denied, the defendant must state how much was actually
received, if at all. Evasive denial amounts to an implied admission (Industrial Trade Links
case).
Rule 5 – Specific Denial
Sub-rule (1) states that if any fact is not specifically denied, it is deemed admitted.
Sub-rule (2) allows the court to pronounce judgment on the plaint if the defendant fails to
file a WS, except against persons under disability. This rule creates a presumption of truth
in admitted facts, promoting judicial economy.
Rule 7 – Defence or Set-off Founded on Separate Grounds
A defendant can base his defence or set-off on legal or factual grounds not directly
answering the plaint. This allows the defendant to take advantage of any other defence
legally available, strengthening his case.
Rule 8 – New Ground of Defence
A new ground of defence after filing the WS requires permission of the court. This avoids
undue delay and procedural misuse by defendants. The court exercises discretion while
balancing fairness and procedural discipline.
Rule 9 – Subsequent Pleadings
No further pleadings are permitted after WS unless the court allows. This includes replies or
rejoinders. The rule aims to prevent endless rounds of pleadings and restricts the litigation
to necessary issues.
Rule 10 – Failure to File Written Statement
If a defendant fails to file a WS within the time permitted under Rule 1 or 9, the court may
pronounce judgment against him. Importantly, courts cannot extend the deadline beyond
the permitted period. This ensures strict timelines are adhered to for speedy disposal.
Rule 6 – Set-off
Set-off is a statutory defence where the defendant claims an amount due from the plaintiff.
Conditions:
(i) Suit must be for recovery of money;
(ii) Amount must be ascertained and legally recoverable;
(iii) Within pecuniary jurisdiction;
(iv) Of same nature as plaintiff’s claim.
Set-off helps avoid multiple suits and reduces litigation cost.
Legal Set-off vs. Equitable Set-off
- Legal Set-off: Statutory right, must be for a specific sum and legally recoverable.
- Equitable Set-off: Based on fairness, allowed at court’s discretion even if amount is
unascertained or time-barred.
Legal set-off must be pleaded under Rule 6; equitable set-off is based on principles of equity
and fairness.
Rule 6A – Counter-claim by Defendant
Defendant may file a counter-claim against the plaintiff for any claim arising before or after
the suit but before filing WS expires. It acts as a cross-suit and is treated like a plaint. It
allows the court to resolve all disputes between parties in a single trial.
Rule 6B – Counter-claim to Be Stated
The counter-claim must be explicitly stated in the WS. Vague or undeclared counter-claims
are not permitted. This rule ensures procedural clarity and fair notice to the plaintiff.
Rule 6C – Exclusion of Counter-claim
Plaintiff may request the court to try the counter-claim in a separate suit, especially if it
complicates the main trial or is unsuitable for joint trial. The court has discretion in
allowing this.
Rule 6D – Effect of Discontinuance of Suit
Even if the plaintiff discontinues or withdraws the suit, the counter-claim survives and is
decided on its own merit. This preserves the defendant’s substantive rights.
Rule 6E – Default of Plaintiff to Reply to Counter-claim
If the plaintiff does not respond to the counter-claim, the court may pronounce judgment
against him. This ensures that counter-claims are not ignored and are treated with equal
importance as the main suit.
Rule 6F – Relief to Defendant
The court may grant any appropriate relief to the defendant on the basis of the counter-
claim. This promotes complete justice without requiring a separate suit for the counter-
claim.
Rule 6G – Rules Relating to WS Apply to Counter-claim
All rules that apply to plaints and written statements are also applicable to counter-claims
and replies to them. This maintains procedural uniformity and legal consistency.
