Bailabel Type : bailable

Description

Order 8 of the Civil Procedure Code (CPC) deals with the written statement, set-off, and counterclaim in a civil suit. It governs how the defendant in a civil case responds to the plaint filed by the plaintiff. The written statement is the defendant's formal reply to the allegations made by the plaintiff in the plaint.

In addition to the written statement, set-off and counterclaim are provisions that allow the defendant to claim certain defenses, or even assert their own independent claim, against the plaintiff.

Key Provisions of Order 8 - Written Statement, Set-off, and Counterclaim

Rule 1: Written Statement

• Defendant’s Response:
  The defendant must file a written statement in response to the plaint within the time frame set by the court. Typically, the written statement must be filed within 30 days of being served with the summons, although the court may extend this period under special circumstances.

• Contents of Written Statement:
  The written statement must specifically address each of the allegations made in the plaint. The defendant must either admit, deny, or state that they have no knowledge of each fact stated in the plaint.

  • Admission: If the defendant agrees with a particular allegation, they should admit it.
  • Denial: If the defendant disagrees with an allegation, they should deny it.
  • Lack of Knowledge: If the defendant does not have enough information to confirm or deny a fact, they may state that they do not have knowledge of the fact.

Rule 2: Filing of Written Statement

• Time Limit:
  The written statement must be filed within the prescribed time of 30 days from the service of the summons, as stated above. If the defendant fails to file the written statement within this time, the court may pass orders based on the plaint, including the possibility of treating the allegations as admitted or passing a decree.

• Late Filing:
  If the written statement is filed after the time limit, the court may extend the period for filing, but it must be satisfied with the reasons for the delay.

Rule 3: Verification of Written Statement

• Verification Requirement:
  Similar to the plaint, the written statement must be verified by the defendant. This is a declaration under oath that the facts stated in the written statement are true to the defendant's knowledge, and it must be signed by the defendant or their authorized agent.

Rule 4: Set-off

• Definition:
  Set-off allows the defendant to reduce the amount the plaintiff can claim by stating that the plaintiff owes the defendant a certain amount. A set-off can only be claimed if the debt owed by the defendant to the plaintiff is related to the subject matter of the original suit.

• Types of Set-off:

  1. Simple Set-off:
     If the defendant has a claim against the plaintiff for a sum smaller than the plaintiff's claim, the defendant can use the set-off to reduce or nullify the plaintiff's claim. The defendant must plead the amount due and provide evidence.
  2. Equitable Set-off:
     This applies when the defendant has a larger claim than the plaintiff's, and it is related to the same subject matter. In some cases, the court allows a more expansive form of set-off, even if the amounts differ.

Rule 5: Counterclaim

• Definition:
  A counterclaim is a claim made by the defendant against the plaintiff in the same suit. The counterclaim asserts that the defendant is entitled to some relief (such as damages, injunction, or recovery of property) due to the plaintiff's actions, in addition to defending the plaintiff’s original claim.

• Right to Counterclaim:
  A counterclaim can be for any claim that the defendant may have against the plaintiff, whether or not the claim is related to the original suit. The counterclaim is treated as a separate suit, and the plaintiff must file a reply to the counterclaim, just as the defendant replies to the plaint.

• Form of Counterclaim:
  The counterclaim must follow the same format as the plaint, with the defendant presenting facts, legal grounds, and the relief sought. It must be made in writing and verified by the defendant. The counterclaim should specify the exact nature of the claim against the plaintiff.

• Rejection of Counterclaim:
  If the counterclaim is not properly formulated, it can be rejected by the court. Similarly, if the claim is not related to the subject matter of the original suit, the court may disallow it.

Rule 6: Counterclaim to be Treated as a Plaint

• Procedure for Counterclaim:
  A counterclaim made by the defendant is treated as if the defendant is the plaintiff and the original plaintiff is the defendant in relation to the counterclaim. The counterclaim is thus handled according to the same rules that apply to the filing of a plaint.

• Reply to Counterclaim:
  After the counterclaim is filed, the plaintiff has the opportunity to file a written statement in response to the counterclaim. The same rules apply as they would in a normal written statement: the plaintiff must admit, deny, or lack knowledge of the allegations made in the counterclaim.

Rule 7: Relief Sought in Counterclaim

• Claim for Relief:
  The defendant, in their counterclaim, may seek any of the same forms of relief as the plaintiff might seek, such as:
  • Damages
  • Injunction
  • Specific performance
  • Recovery of property
  The court will treat the counterclaim as a separate and independent claim, and the defendant (as the counterclaimant) will be entitled to the same remedies as the plaintiff.

Rule 8: Counterclaim in the Written Statement

• Procedure for Pleading Counterclaim:
  A counterclaim must be made in the defendant's written statement. It must be specifically pleaded, just as the plaintiff's claim is presented in the plaint. If the defendant does not include the counterclaim in their written statement, they lose the opportunity to raise it later.

Rule 9: Set-off and Counterclaim Must Be Related

• Relation to the Plaintiff's Claim:
  The defendant’s set-off or counterclaim must be related to the subject matter of the original suit. The defendant cannot bring up completely unrelated claims in a counterclaim.

Punishment

Striking Out Pleadings:
If any part of the written statement, set-off, or counterclaim is found to be frivolous or vexatious, the court may strike it out.

Contempt of Court:
Misleading or fraudulent pleadings can lead to charges of contempt of court or may result in a judgment being passed against the defendant.