Rule 1.
Written Statement
The defendant shall, within thirty days from the date of service of summons on him, 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 written statement 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 of summons.
Rule 1A.
Duty of defendant to produce documents upon which relief is claimed or relied upon by him
(1)Where the defendant bases his defence upon a document or relies upon any document in his possession or power in support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produce it in Court when the written statement is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement.
(2)Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.
(3)A document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
Rule 2.
New facts must be specially pleaded
The defendant must raise by his pleading all matters which show the suit not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing illegality.
Rule 3.
Denial to be specific
It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages.
Rule 4.
Evasive denial
Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received.
Rule 5.
Specific denial
(1)Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as against a person under disability:
Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than by such admission.
(2)Where the defendant has not filed a pleading, it shall be lawful for the Court to pronounce judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but the Court may, in its discretion, require any such fact to be proved.
(3)In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2), the Court shall have due regard to the fact whether the defendant could have, or has, engaged a pleader.
(4)Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance with such judgment and such decree shall bear the date on which the judgment was pronounced.
Rule 6.
Particulars of set-off to be given in written statement
(1)Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the Court, present a written statement containing the particulars of the debt sought to be set-off.
Rule 6A.
Counter-claim by defendant
(1)A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:
Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the Court.
Rule 6D.
Effect of discontinuance of suit
If in any case in which the defendant sets up a counter-claim, the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.
Rule 10.
Procedure when party fails to present written statement called for by Court
Where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up.
Legal Commentary & Landmark Judgments: Order VIII
Order VIII of the Code of Civil Procedure, 1908 regulates the Written Statement of defense, establishing the 30/90-day time limit under Rule 1 and governing Set-off and Counter-claims under Rules 6 and 6A.
Rule 6 governs legal set-off in suits for recovery of money, while Rule 6A authorizes the defendant to set up a counter-claim against the claim of the plaintiff in respect of any cause of action accruing before or after the filing of the suit, but before the defendant has delivered their defense or before the time limited for delivering defense has expired. Under Rule 6A(2), a counter-claim has the full effect of a cross-suit and is treated as an independent plaint.
The distinction between ordinary and commercial suits is vital: while the 90-day timeline in ordinary civil suits is directory under *Kailash*, it is strictly mandatory (120 days outer cap) in commercial suits under *SCG Contracts*. Under *Ashok Kumar Kalra*, a defendant must file their counter-claim along with the written statement or before the settlement of issues.