The Code of Civil Procedure of 1908 is the procedural law that governs the functioning of the civil courts of our country. It lays down the rules governing civil proceedings. The Code also contains substantive law, as set out in its 158 articles, and also includes 51 ordinances that constitute its procedural aspects proper. Article VIII of the Code of Civil Procedure deals with pleadings, set-offs and counterclaims. A written statement is an integral part of a civil action. If an action is brought, the defendant must file a written statement in response. There are several rules in Order VIII that govern how and when the written declaration must be filed, as well as the consequences of non-filing. This article describes the procedure when a party fails to provide a written statement required by the court, and the same is discussed in Order 8, Rule 10 of the CCP. Can the defendant file the written statement after 120 days? In conclusion, we can say that in our time there has been an increase in disputes over property, family or personal matters, etc., and also the need to know as a lawyer how to take legal action or file a complaint in court? Therefore, it is necessary to be aware of terms such as a complaint or written statement under the CPC. 1) Title and title.
(2) Text of the written declaration. (3) Signature and verification (a) Implied admission due to deficient refusals (Rule 5 of Order VIII) (b) Implied admission due to failure to submit a written statement. (Article 5(2) of Order VIII) This section is limited to Rule 10 of Order VIII of the Code. This provision allows courts to extend the limitation period for filing the procedural document. However, this is only permitted in exceptional situations arising from causes beyond the control of the defendant. This power cannot be used in ordinary cases. “The court cannot act blindly when the defendant admits a fact in his written statement, nor can it judge blindly simply because the defendant has not submitted a written statement that reviews the facts set out by the plaintiff in the application filed with the court. In a case, particularly if the defendant has not filed a written statement, the court must exercise some caution in proceedings under Order 8, Rule 10 CCP. Before deciding against the defendant, it must satisfy itself that, even if the facts set out in the application are considered accepted, it may be possible to rule in favour of the plaintiff without him having to prove a fact mentioned in the application. Order, 8 Rule 1 The written statement must deal specifically with each factual allegation in the application, and if a defendant disputes such a fact, he cannot do so evasively, but answer the substantive issue. If the denial of a fact is not specific but evasive, it must be assumed that this fact has been admitted. In such a case, where the confession itself is proved, no further evidence is required and the law in this regard has been well established since the Supreme Court`s decision in Badat and Co.
v. Eastern India Trading Co. The facts contained in the written statement must be set out concisely. It may contain only the facts relied on by the defendant in his defence and not the evidence used to prove those facts. Three things are clear. First, a careful reading of the wording of Rule 1 of Decision VIII shows that it requires the defendant to file the pleadings within 30 days from the date of service of the summons and within the extended 90-day period. This provision does not deal with the jurisdiction of the General Court and does not expressly deprive the Court of the power to register the written statement even if it has been submitted after the prescribed time. Second, the provision of Rule 1 of Rule VIII is procedural. It is not part of the substantive law.
Thirdly, the purpose of replacing Order VIII, Rule 1 as it stands, is to curb the calamity of unscrupulous defendants who employ delaying tactics, thereby delaying the resolution of cases, much to the chagrin of plaintiffs and petitioners who apply to the Court for prompt exoneration, as well as to the serious inconvenience of the Court. who is faced with frequent requests for adjournment. The aim is to speed up consultation, not destroy it. The justice process can be accelerated and accelerated, but fairness, which is a fundamental element of justice, must not be buried. In Baldev Singh and Ors v. Manohar Singh and Anr, 2006 (6) SCC 498, the Supreme Court held that, subject to Order 6, Rule 17 of the CCP, the application cannot be varied at the beginning of the proceedings. In addition, the opening of the main proceedings, as provided for in Rule 6 of Rule 17 of the Code of Civil Procedure, must be heard strictly, namely the final hearing of the case, the hearing of witnesses and the lodging of documents and the processing of oral arguments. As has been said from now on, the parties have yet to submit their documents; We see no reason to reject the request for amendment of the written statement under Article 6 of Rule 17 of the Code of Civil Procedure, which confers on the Court broad powers and unlimited discretion to allow the amendment of the written statement at any stage of the proceedings. . Order VIII provides for the submission of a written statement, the information to be included in the statement and the manner in which the statement is made.
It requires what a written statement must contain. Before drafting the procedural document, it is the defendant`s duty to carefully study the application and all the documents submitted to him in support of his application. After a thorough study of the complaint and the documented documents, a response to the complaint can be prepared. Decision VIII of the Code of Civil Procedure deals with written statements, set-off and counterclaims. 3. According to Rule 3 of Order 8, it is not sufficient for the defendant to reject the plaintiff`s claim on a general basis, but must be expressly mentioned in his written statement as to why the assertion of clarity should not be accepted or accepted by him. It must therefore be a specific dismissal of the applicant`s action. If the defendant is a minor, the natural guardian or parents of a minor may, subject to the prior approval of the court, submit a written statement on his or her behalf. The rules for a written declaration by a defendant apply to a written statement filed in response to a counterclaim Evasive rejection – if the defendant denies a fact, the refusal must be clear and easy to understand. For example, if the plaintiff claims that the defendant received a certain amount, and the defendant wishes to deny that fact, he must have denied that he did not receive that amount or part of it.
Even if he received the amount, but not a certain amount, that is claimed, then he must have written down how much he received. (i) The defendant may also file a counterclaim after the presentation of the written statement, but this must be done before the taking of evidence begins. A written statement is an essential part of the defendant`s party to assert a particular legal defense alleged in the claim against the defendant. Note: It is a permanent law that refusal due to lack of knowledge is not denial at all. The provisions of Rule 5 of Order 8 require that pleadings be answered expressly in writing. 2016 (3)UAD 30 SC Muddasani venkata narsaiah (D) by LRS vs. Muddasani sarojana. The High Court of Jammu and Kashmir, IAR 1993 JAMMU AND KASHMIR 12, took an almost similar view in Alson Motors v. Rajesh Kumar. .
“The right to set-off is a defence and must be invoked in the context of the defendant`s written declaration under Rule 6 of Order VIII of the Code of Civil Procedure. If established, it constitutes a response to the applicant`s request in full or pro tanto. If the defendant is entitled to set-off, he is not obliged to satisfy the claim against him or to pay such an amount corresponding to the amount to which he is entitled. If compensation for the amount of the plaintiff`s claim is established, this is an absolute defence that entitles the defendant to a decision to dismiss. Procedural law provides that a written declaration containing set-off has the same effect as an action in incidental proceedings, so that the court may give a final judgment and a single judgment in respect of both the original claim and set-off: see Decision VIII, Rule 6, paragraph 2, and Decision XX, Rule 19 of the Code of Civil Procedure.
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