Order 8 CPC Description Order VIII WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM 1 [WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM] 1. Subs, by Act No. 104 of 1976, for the former heading (w.e.f. 1-2-1977). 1 [1. Written statement. The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence. Provided that where the defendant fails ...
Introduction A written statement ordinarily means a reply to the plaint filed by the plaintiff. It is the pleading of the defendant. Order 8 of the Code of Civil Procedure, 1908 (CPC) contains provisions in relation to written statement. Written Statement Rule 1 of Order 8 deals with written statement. It states that - The Defendant shall, within thirty days from the date of service of summons ...
Rule 1, 2, 3, 4 and 5 of Order VIII of Code of Civil Procedure 1908 Written statement, New facts must be specially pleaded, Denial to be specific, Evasive denial and Specific denial are defined under Rule 1, 2, 3, 4 and 5 of Order VIII of Code of Civil Procedure 1908.
Rule 8: New ground of defence.— Any ground of defence which has arisen after the institution of the suit or the presentation of a written statement claiming a set-off or counter-claim may be raised by the defendant or plaintiff, as the case may be, in his written statement.
Order 8 - Written statement, set-off and counter-claim, Code of Civil Procedure, 1908 (CPC)
ORDER VIII of CIVIL PROCEDURE CODE (CPC) - WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM. 1. Written statement. (1) The defendant shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence.
Order 8, Rule 10 [CPC]-Non filing of written statement - Free download as PDF File (.pdf), Text File (.txt) or read online for free. Cpc
Order VIII - Free download as PDF File (.pdf), Text File (.txt) or read online for free. This document summarizes key rules regarding written statements in the Indian Civil Procedure Code. It discusses that a written statement is a defendant's pleading in response to the plaintiff's claims.
4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial of suits referred to in s. 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893): see Calcutta, Gazette, 1909, Pt.
KEY TAKEAWAYS Civil Procedure Code 1908 lays down the procedure which governs the civil function of the court. Order VIII of CPC specifically talks about what are written statements, counterclaims and setoff. Along with these it also describes how new facts should be pleaded, what are specific denial and evasive denial. Rule 1 Order VIII of CPC states the definition of written statement which ...
Contains all Enforced Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances,Statutes.
On 23.8.2004, the High Court rejected the application filed by the appellant and refused to take the written statement on record for the reason that the same was filed beyond a period of 90 days from the date of service of summons under Rule 1 of Order VIII of CPC.
Laxity in granting adjournments for the purpose of filing written statements should be avoided and it should be noted that in extreme cases contumacious refusal to comply with the Court's order is liable to be dealt with under Order VIII, Rule 10, Civil Procedure Code. 2.
There are several rules in Order VIII that govern how and when the written statement should be filed, and also the consequences for not filing. This article discusses the procedure when a party fails to present a written statement called for by the court, and the same is discussed under Order 8 Rule 10 of the CPC.
(iii) for clause (k), the following clause shall be substituted, namely:-- "(k) the provisions of rules 9,11,14,15 and 18 of Order VII of the first Schedule as amended or, as the case may be, substituted or omitted by section 17 of this Act and by section 8 of the Code of Civil Procedure (Amendment) Act, 2002, shall not apply to in respect of ...
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Order 8, Rule 10 CPC. 10. Procedure when party fails to present written statement called for by Court. Where any party from whom a written statement is required under rule 1 or 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit and on the ...
PRELIMINARY Short title, commencement and extent- (1) This Act may be cited as the Code of Civil Procedure, 1908.
The Supreme Court has, on May 5, 2025, said the power to recall and re-examine a witness is exclusively that of the court trying the suit, if the provisions of Order 18 Rule 17 of the Civil Procedure Code are read along with the provisions of Section 165 of the Evidence Act.
