Introduction. A plaintiff initiates the process of a civil suit by instituting a plaint in civil court bearing the jurisdiction to entertain that suit.; Moreover, to continue the case and table his side of the story, the defendant must submit a written statement.; In certain circumstances, the written statement includes a set-off and counterclaim.; If the defendant has a counterclaim or wants ...
(2) 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. (3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as
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. (2) Save as otherwise provided in rule 8A, where the defendant relies on any document (whether or not in his possession or power) in ...
Format of a Written Statement Important points to remember-Written Statement is the response given by the defendant/respondent in a Civil Suit.Format of a Written Statement is governed by Order VI (Pleading) and Order VIII (Written Statement) CPC. ... etc.A WS must also raise any set-off or counter-claim if any.
Provided that where the defendant, in his written statement, claims a set-off or makes a counter-claim based on a document in his possession or power, he shall produce it in Court at the time of presentation of the written statement and shall at the same time deliver the document or copy thereof to be filed with the written statement; .
Written Statement. The written statement is the reply to plaint filed by the defendant. Under Order VIII Rule 1, written statement must contain: ... Counter Claim. A counter claim is a cross-suit filed by defendant against the plaintiff in the same proceedings. As per Order VIII Rule 6A, defendant can set up counter claim against plaintiff ...
Once you are satisfied with the final draft of your written statement, it is time to file it with the court. Make several copies of the written statement and attach the necessary court fees. Submit the original written statement to the court, keeping the copies for your records and serving them to the plaintiff’s counsel. 9.
Rule 6-A (4) and Rule 6-G states that the counterclaim shall be treated as a plaint and will be governed by the rules applicable to the plaint, and a reply filed in answer to a counterclaim shall be treated as a written statement and shall be governed by the rules applicable to written statement. Difference between Set-off and Counterclaim
Additionally, Rule 6A permits the defendant to raise a counter-claim against the plaintiff, which can be for any right or claim arising before or after the filing of the suit, but before the defendant has delivered his defense. The counter-claim is treated as a plaint and has the same effect as a cross-suit. AMENDMENT OF WRITTEN STATEMENT
A written statement made in response to a counter-claim shall be enforced by the rules relating to a Written Statement by the defendant. Elements of the Written Statement Format under CPC. A written statement is a crucial part of a civil suit. It enables the defendant to take a proper defense, against the allegations of the suit.
Format of a Written Statement Important points to remember- Written Statement is the response given by the defendant/respondent in a Civil Suit.Format of a Written Statement is governed by Order VI (Pleading) and Order VIII (Written Statement) CPC. ... A WS must also raise any set-off or counter-claim if any.
Rule 6: Particulars of set-off to be given in written statement.— (1) Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff’s demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff ...
According to Order 8 Rule 6F, where the counter claim filed by the defendant succeeds, the court always renders a judgment in favour of the former. It must also be noted that according to Order 8 Rule 6 “ the rules relating to a written statement by a defendant shall apply to a written statement filed in answer to a counter-claim ”.
Rule 6G states that the rules relating to a written statement by a defendant shall apply to a written statement filed in answer to a counter-claim. In the year 2006, the scope of counter claim was further enlarged while at the same time reasonable restrictions were placed on it. The Apex Court in the case of Rohit Singh v.
This document discusses written statements, set-offs, and counterclaims under the Civil Procedure Code in India. It provides details on: - Rules regarding written statements by defendants, including requirements to specifically deny allegations, admit facts not denied, and plead new facts. - Case law interpreting the rules on written statements. - Conditions for a valid set-off claim by a ...
