Rule 6 Order VIII of Code of Civil Procedure 1908 "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 lithe
jurisdiction of the Court, and both parties fill the same
character as they fill in the plaintiffs suit, the defendant
may, at the first heating of the suit, but not afterwards
unless permitted by the Court, presents a written statement
containing the particulars of the debt sought to be set-off.
(2) Effect of set-off- The written statement shall have the
same effect as a plaint in a cross-suit so as to enable the
Court to pronounced a final judgment in respect both of the
original claim and of the set-off : but this shall not
affect the lien, upon the amount decreed, of any pleader in
respect of the costs payable to him under the decree.
(3) The rules relating to a written statement by a defendant
apply to a written statement in answer to a claim of
set-off.
Illustrations
(a) A bequeaths Rs. 2,000 to B and appoints C his executor
and residuary legatee. B dies and D takes out administration
to B's affects, C pays Rs. 1,000 as surety for D: then D
sues C for the legacy. C cannot set-off the debt of Rs.
1,000 against the legacy, for neither C nor D fills the same
character with respect to the legacy as they fill with
respect to the payment of Rs. 1,000.
(b) A dies intestate and in debt to B. C takes out
administration to A's effects and B buys part of the effects
from C. In a suit for the purchase-money by C against B, the
latter cannot set-off debt against the price, for C fills
two different characters, one as the vendor to B, in which
he sues B, and the other as representative to A.
(c) A sues B on a bill of exchange. B alleges that A has
wrongfully neglected to insure B's goods and is liable to
him in compensation which he claims to set-off. The amount
not being ascertained cannot be set-off.
(d) A sues B on a bill of exchange for Rs. 500. B holds a
judgment against A for Rs. 1,000. The two claims being both
definite, pecuniary demands may be set-off.
(e) A sues B for compensation on account of trespass. B
holds a promissory note for Rs. 1,000 from A and claims to
set-off that amount against any sum that A may recover in
the suit. B may do so, for as soon as A recovers, both sums
are definite pecuniary demands.
(f) A and B sues C for Rs. 1,000. C cannot set-off a debt
due to him by A alone.
(g) A sues B and C for Rs. 1000. B cannot set-off a debt due
to him alone by A.
(h) A owes the partnership firm of B and C Rs. 1,000. B
dies, leaving C surviving. A sues C for a debt of Rs. 1,500
due in his separate character. C may set-off the debt of Rs.
1,000.
Rule 6A Order VIII of Code of Civil Procedure 1908 "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.
(2) Such counter-claim shall have the same effect as a
cross-suit so as to enable the Court to pronounce a final
judgment in the same suit, both on the original claim and on
the counter-claim.
(3) The plaintiff shall be at liberty to file a written
statement in answer to the counter-claim of the defendant
within such period as may be fixed by the Court.
(4) The counter-claim shall be treated as a plaint and
governed by the rules applicable to plaints.
Rule 6B Order VIII of Code of Civil Procedure 1908 "Counter-claim
to be stated"
Where any defendant seeks to rely upon any ground as
supporting a right of counter-claim, he shall, in his
written statement, state specifically that he does so by way
of counter-claim.
Rule 6C Order VIII of Code of Civil Procedure 1908 "Exclusion
of counter-claim"
Where a defendant sets up a counterclaims arid the plaintiff
contends the claim thereby raised ought not to be disposed
of by way of counter-claim but in an independent suit, the
plaintiff may, at any time before issues are settled in
relation to the counterclaim, apply to the Court for an
order that such counter-claim may be excluded, and the Court
may, on the hearing of such application make such order as
it thinks fit.
Rule 6D Order VIII of Code of Civil Procedure 1908 "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 counterclaim may nevertheless be proceeded with.
Rule 6E Order VIII of Code of Civil Procedure 1908 "Default of plaintiff to reply to counter-claim"
If the plaintiff makes default in putting in a reply to the counter-claim made by the defendant, the Court may pronounce judgment against the plaintiff in relation to the counter-claim made against him, or make such order in relation to the counter-claim as it thinks fit.
Rule 6F Order VIII of Code of Civil Procedure 1908 "Relief to defendant where counter claim succeeds"
Where in any suit a set-off or counterclaim is established as a defence against the plaintiff's claim and any balance is found due to the plaintiff or the defendant, as the case may be, the Court may give judgment to the party entitled to such balance.
Rule 6G Order VIII of Code of Civil Procedure 1908 "Rules relating to written statement to apply"
The rules relating to a written statement by a defendant shall apply to a written statement filed in answer to a counter-claim.
Rule 7 Order VIII of Code of Civil Procedure 1908 "Defence or set-off founded upon separate grounds"
Where the defendant relies upon several distinct grounds of defence or set-off or counter-claim founded separate and distinct facts, they shall be stated, as far as may be, separately and distinctly.
Rule 8 Order VIII of Code of Civil Procedure 1908 "New ground of defence"
Any ground of defence which has arisen after the institution of the suit or the presentation of a written statement claiming a set-off or counter-claim may be raised by the defendant or plaintiff as the case may be, in his written statement.
Rule 8A Order VIII of Code of Civil Procedure 1908 "Duty of defendant to produce documents upon which relief is claimed by him"
(1) Where a defendant bases his defence upon a document in
his possession or power, he shall produce it in Court when
the written statement is presented by him and shall, at the
same time, deliver the document or a copy thereof, to be
filed with the written statement.
(2) 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.
(3) Nothing In this rule shall apply to documents produced,-
(a) for the cross-examination of the plaintiff's witnesses,
or
(b) in answer to any case set up by the plaintiff subsequent
to the filing of the plaint, or
(c) handed over to a witness merely to refresh him memory.
Rule 9 Order VIII of Code of Civil Procedure 1908 "Subsequent pleadings"
No pleading subsequent to the written statement of a defendant other than by way of defence to a set-off for counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit, but the Court may at any time require a written statement or additional written statement from any of the parties and fix a time for presenting the same.
Rule 10 Order VIII of Code of Civil Procedure 1908 "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.
*[Provided further that no Court shall make an order to extend the time provided under Rule 1 of this Order for filing of the written statement.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs)
In Rule 10, insert the following proviso, namely:-
Provided that no court shall make an order to extend the time provided under Rule 1 of this order for filing of the written statement.
[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).
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*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).