Rule 1 Order VIII of Code of Civil Procedure 1908 "Written statement"
(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.
(2) Save as otherwise provided in rule 8A, where the
defendant relies on any document (whether or not in his
possession or power) in support of his defence or claim for
set-off or counter. claim, he shall enter such documents in
a list, and shall,-
(a) If a written statement is presented, annex the list to
the written statement :
Provided that where the defendant, in his written statement,
claims a set-off or makes a counter-claim based on a
document in his possession or power, he shall produce it in
Court at the time of presentation of the written statement
and shall at the same time deliver the document or copy
thereof to be filed with the written statement; .
(b) if a written statement is not presented, present the
list to the Court at the first hearing of the suit.
(3) 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.
(4) If no such list is so annexed or presented, the
defendant shall be allowed such further period for the
purpose as the Court may think fit.
(5) A document which ought to be entered in the list
referred to in sub-rule (2), and which is not so entered,
shall not, without the leave of the Court, be received in
evidence on behalf of the defendant at the hearing of the
suit.
(6) Nothing in sub-rule (5) shall apply to documents
produced for the cross-examination of plaintiff's witnesses
or in answer to any case set up by the plaintiff subsequent
to the filing of the plaint, or handed over to a witness
merely to refresh his memory.
(7) Where a Court grants leave under sub-rule (5), it shall
record its reasons for so doing, and no such leave shall be
granted unless good cause is shown to the satisfaction of
the Court for the non-entry of the document in the list
referred to in sub-rule (2).
Rule 2 Order VIII of Code of Civil Procedure 1908 "Suits on lost negotiable instruments"
The defendant must raise by his pleading all matters which show the suit not 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 Order VIII of Code of Civil Procedure 1908 "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 3A. Denial by the defendant in suits before the Commercial Division of the High Court or the Commercial Court
(1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this Rule.
(2) The defendant in his written statement shall state which of the allegations in the particulars of plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to prove, and which allegations he admits.
(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so and if he intends to put forward a different version of events from that given by the plaintiff, he must state his own version.
(4) If the defendant disputes the jurisdiction of the Court he must state the reasons for doing so, and if he is able, give his own statement as to which Court ought to have jurisdiction.
(5) If the defendant disputes the plaintiff’s valuation of the suit, he must state his reasons for doing so, and if he is able, give his own statement of the value of the suit.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs)
After Rue 3, insert the following Rule, namely,-
"3A. Denial by the defendant in suits
(1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this rule.
(2) The defendant in his written statement shall state which of the allegations in the particulars of plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to prove, and which allegations he admits.
(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so and if he intends to put forward a different version of events from that given by the plaintiff, he must state his own version.
(4) If the defendant disputes the jurisdiction of the court he must state the reasons for doing so, and if he is able, give his own statement as to which court ought to have jurisdiction.
(5) If the defendant disputes the plaintiff valuation of the suit, he must state his reasons for doing so, and if he is able, give his own statement of the value of the suit.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)
Rule 4 Order VIII of Code of Civil Procedure 1908 "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. And if an allegation is made with diverse
circumstances, it shall not be sufficient to deny it along
with those circumstances.
Rule 5 Order VIII of Code of Civil Procedure 1908 "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 it discretion require any
fact so admitted to be proved otherwise than by such
admission.
*Provided further that every allegation of fact in the
plaint, if not denied in the manner provided under Rule 3A
of this Order, shall be taken to be admitted except as
against a person under disability.
(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.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs)
In Rule 5, in sub-rule (1) after first proviso thereto, insert the following proviso, namely:-
Provided further, that every allegation of fact in the plaint, if not denied in the manner provided under Rue 3-A of this order, shall be taken to be admitted except as against a person under disability.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)
-------------------------
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).