Order 8 โ Written Statement & Set-off
1. Filing & Failure to File the Written Statement (Rules 1 & 10)
- What it is: A written statement is the defendant's formal pleading responding to the plaintiff's plaint.
- Time Limit: The standard time is 30 days, extendable up to 90 days.
- Failure to Present (Rule 10): If a defendant fails to present the written statement within the fixed time, the Court may pronounce judgment against him or make any other fit order.
- Seeking Extensions: To get an extension after failing to file on time, the defendant must show sufficient cause in a written application.
2. Rules of Evasive vs. Specific Denial (Rules 3, 4, & 5)
- Specific Denial (Rule 3): A general denial is not enough. The defendant must deal specifically with each allegation of fact that they do not admit (except for the amount of damages).
- Point of Substance (Rule 4): When a defendant denies an allegation of fact in the plaint, they must not do so evasively; they must answer the point of substance.
- Deemed Admission (Rule 5): If an allegation is not denied specifically, the court shall presume that the defendant admits the content of the plaint as true.
3. The Law of Set-Off (Rule 6)
- Definition: A set-off allows a cross-claim to be adjusted within the same suit. It is also known as a counterclaim in a broader sense (note: though modern law treats them as distinct, historically and within basic text contexts they fall under reciprocal claims).
- How to Claim: A set-off can only be claimed through the written statement.
- Where Applicable: It can only be claimed in a suit for money, and the amount must be an ascertained sum legally recoverable by the defendant.
- Types of Set-Off: