Indian Laws in English

The Code Of Civil Procedure 1908
Order VIII :
1.[Written Statement, Set-Off And Counter-Claim] :
High Court Amendment-Order 8, title-[Bombay] :
For the existing title of Order VIII, substitute the following title:
"Written Statement, Set-off, Counter-claim, and Third Party Procedure."
-(1-10-1983).
Rule 1 :
1.[Written statement :
2.[(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.
Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service oof summons.
*.[Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.]
State Amendment :
High Court Amendments-[Allahabad] :
Omit the full stop at the end and add the following at the end:
"and shall file with his written statement a list of documents (whether in his possession or power or not) on which he relies as evidence in support of his defence."-(17-1-1953).
[Bombay] :
For the existing rule 1 and its marginal note, substitute the following as rule 1 and marginal note:
"Rule 1. Written statement :
The defendant may, and if so required by the Court, shall within such time as may be specified in this behalf or within such extended time as the Court may permit, present a written statement of his defence after serving a copy thereof on the plaintiff or his pleader on or before the date fixed for presenting the same in Court, or file in Court for the use of the plaintiff a copy of the written statement while presenting the same in Court:
Provided that the first adjournment for filing the written statement shall not ordinarily exceed four weeks and no further adjournment shall be granted except for reasons to be recorded in writing."-(1-10-1983).
[Patna] :
For rule 1 substitute the following:
"Rule 1. (1) The defendant may, and if so required by the Court, shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence, and with such written statement, or if there is no written statement, at the first hearing shall produce in Court all documents in his possession or power on which he bases his defence or any claim for set-off.
(2) Where he relies on any other documents as evidence in support of his defence or claim for set-off, he shall enter such documents in a list to be added or annexed to the written statement, or where there is no written statement, to be presented at the first hearing. If no such list is so annexed or presented the defendant shall be allowed a further period of ten days to file this list of documents.
(3) A document which ought to be entered in the list referred to in sub-clause (2) but which has not been so entered, shall not, without the leave of the Court, be received in evidence on the defendant's behalf at the hearing of the suit.
(4) Nothing in this rule shall apply to documents produced for cross-examination of plaintiff's witnesses or handed to a witness merely to refresh his memory."-(9-8-1972).
[N.B.-These High Court Amendments relate to the provisions as existed before the 2002 Amendment Act.]
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1. Substituted by Act 104 of 1976, section 58, for the former heading (w.e.f. 1-2-1977).
2. Substituted by Act 22 of 2002, section 9, for rule 1 (w.e.f 1-7-2002).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).    

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