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 -
Research based on Written Submissions under CPC-The Order XVIII Rule 2(3A) of the Code of Civil Procedure, 1908 (CPC) recognizes submission of such written arguments. The provision is in force since 2002. The provision says any party can address oral arguments in a case and before he concludes the oral arguments shall submit the written arguments i Written Submissions in support of his case to ...
A defendant in a suit, in addition to his right of pleading a set-off under Order VIII, Rule 6 of the Code of Civil Procedure, 1908 may set up by way of counter-claim against the claims of the plaintiff any right or claim in respect of a cause of action accruing to the defendant either before or after the filing of the suit, but before the ...
Provisions That Are Connected Along With The Written Statement Under Order Viii Cpc, 1908: The provision under ORDER VI i.e. pleading. The pleading is defined under rule 1 of Order VI, which says the pleading means plaint and written statement and certain rules of Order VI are relevant while considering Order VIII those rules are R2, R4, R6-8 ...
Supreme Court: Courts Can Modify Arbitral Awards in Limited Cases Under Arbitration Act; Execution under the Code of Civil Procedure (CPC), 1908; Difference Between Decree and Order under CPC, 1908; Costs under CPC, 1908 – Sections 35 to 35B and 35A; Government Suits under CPC, 1908 – Section 79 to Section 82
If the defendant fails to submit the written statement before 30 days, he can seek the court to extend the time, in that case, the court may extend the time period upto 90 days. ... Section 151 of the CPC lays down the inherent powers of the court. As per this Section, no provision in the Code acts as a restriction on the power of the court to ...
The present article provides the comprehensive study of the provisions of the plaint and written statement under order VII and VIII CPC, 1908. Keywords: Plaint, written statement, particulars of plaint, return of plaint, rejection of plaint, order, rule, pleading new fact, denying facts, set off, counter claim, summons to defendant, law suit ...
Order XVIII of the Civil Procedure Code, 1908 (CPC) outlines the legal provisions governing the recording of evidence in court proceedings as per the Code of Civil Procedure. It sets forth the procedures for taking down evidence, the responsibilities of judges, and the rights of parties in relation to evidence presentation.
Additional Written Statement under Order 8 Rule 9 of CPC. Order 8 Rule 9 of the Civil Procedure Code, which was omitted by the CPC (Amendment) Act, 1999, has been reinstated by the CPC (Amendment) Act, 2002. ... the Court believed that even if the defendant had been negligent in pursuing his case and failed to submit the written statement ...
In case the defendant fails to submit a written statement within 120 days, then his right to submit a reply is forfeited. In such a scenario, even the court cannot extend the time limit by using its inherent powers under Section 151 of CPC. Therefore, it can be said that in commercial suits, the time limit to file written statements under VIII ...
This article on ‘Written Statement under CPC, 1908: All you need to know‘ was written by an intern at Legal Upanishad. Introduction. This article focuses on what a written statement is, who can file a written statement and the legal provisions related to it. First, we should have information about what is a written statement.
A written statement ordinarily means a reply to the plaint filed by the plaintiff. It is the pleading of the defendant. Order VIII of the Code of Civil Procedure, 1908 (CPC) contains provisions related to written statements. A written statement under the CPC 1908 is A formal response filed by the defendant to the plaintiff's claim or plaint.
Home Income Tax GST FIR Online Online Filing Bare Acts Companies Act CPC CRPC BNSS IPC BNS BSA Legal Formats. ... 4 and 5 of Order VIII of Code of Civil Procedure 1908. Provisions under these Rules are: Rule 1 Order VIII of Code of Civil Procedure 1908 "Written statement" (1) The defendant shall, at or before the first hearing or within such ...
Introduction: It is settled law under the mandate of the Code of Civil Procedure, 1908, that maximum 120 days will be provided for filing of a written statement in a commercial suit.
Before amendment 2002 in C.P.C. there was no time limit to file written statement by defendant. By amendment 2002 under order 8 rule 1 of C.P.C. defendant has to presentwritten statement within 90 days from the date of service of summons on him.
Arnav Kashyap, Symbiosis Law School, PuneABSTRACTOrder VIII of the Code of Civil Procedure deals with a written statement submitted by the defendant while dealing with a plea by the petitioner. This paper takes an intricate look into the proceedings of Order VIII, Rule 1 of the CPC, and an analytical view of its drafting structure in India and other foreign countries. It tackles the rule's ...
A catena of judgements by the Hon'ble Supreme Court of India, interpreting Order 8 Rule 1 of the Code of Civil Procedure, 1908 ("CPC"), had settled the position that the requirement to file a ...
A written statement in response to a set-off claim is subject to the same regulations as a written statement by a defendant. Rule 6A Order VIII of Code of Civil Procedure 1908 “defendant producing counter- claim" A Counterclaim is one of the pleas open to a defendant to defeat the relief sought by the plaintiff against him.
