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CHAPTER VII

WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM

R. 88. Time for filing appearance or vakalatnama by the defendant.(a) In suits


where the Written Statement is called for by the Writ of Summons, the defendant shall file an
appearance in person or a vakalatnama, as the case may be, within twelve weeks from the
service of the Writ of Summons.
(b) In Matrimonial suits the defendant shall file an appearance in person or a
vakalatnama, as the case may be, on or before the date fixed for his appearance in Court.
(c) In Summary suits the defendants shall file an appearance in person or a
vakalatnama, as the case may be, within ten days from the service of the Writ of Summons.

R. 89. In default of filing appearance or vakalatnama and written statement, suit


may be set down on board as undefended.If the defendant commits default in filing his
appearance in person or a vakalatnama and Written Statement as provided in rule 74, the
Judge in Chambers may, when the suit appears on board for directions, direct that the suit be
set down on board for disposal as an undefended suit on the same day or on such other day as
he may deem fit.
R. 90. Judgment for want of written statement.Application for judgment for
want of Written Statement shall be made by Notice of Motion, but no such Notice of Motion
shall be issued before the date on which the Writ of Summons is returnable. On the filing of
an affidavit of service of the Notice of Motion, the suit shall be set down on the daily board
for the purpose of such application.
R. 91. In default of written statement defendant may appear with the leave of the
Court or the Judge in Chambers.If in a suit where there are more defendants than one,
any defendant shall have failed to file his Written Statement if such be called for, within the
time fixed in the Writ of Summons, or any time extended by order, and the suit has not been
set down as undefended as against him, such defendant shall not be allowed to appear and
defend at the trial except with the leave of the Court or the Judge in Chambers upon such
terms as to the filing of his Written Statement, giving discovery, and the payment of costs of
adjournment, as a condition precedent to leave to defend, or otherwise, as the Court or Judge
may order or upon such other terms, if any, as the Judge may think proper.
R. 92. Written statement by plaintiff.Where Written Statement is called for from
the plaintiff, the Court or the Judge in Chambers will direct when it is to be filed and when to
be served upon the defendant.
R. 93. Set-off by defendant.A defendant in a suit for the recovery of money in
addition to his right of pleading a set-off allowed under Order VIII, Rule 6 of the Code of
Civil Procedure, may set-off a claim for damages provided it arises out of the same
transaction as the transaction in the suit. Such set-off shall have the same effect as a cross-

suit so as to enable the Court to pronounce a final judgment both on the original claim and
the cross claim and the plaintiff (if so advised) shall be at liberty to file a Written Statement
in answer to the set-off within four weeks after service upon him or his Advocate on record
of a copy of the defendants Written Statement.
R. 94. Judge may disallow set-off.The Judge may on the application of the
plaintiff at any stage of the proceedings in a suit, if in the opinion of the Judge such set-off
cannot be conveniently disposed of in the pending action or ought not to be allowed, refuse
permission to the defendant to avail himself thereof, and require him to file a separate suit in
respect thereof.
R. 95. Counter-claim by defendant.A defendant in a suit, in addition to his right
of pleading a set-off under Order VIII, Rule 6 of the Code of Civil Procedure, may set-up by
way of counter-claim against the claims of the plaintiff any right or claim in respect of a
cause of action accruing to the defendant either before or after the filing of the suit but before
the defendant has delivered his defence and before the time limited for delivering his defence
has expired, whether such counter-claim sounds in damages or not, and 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; and the
plaintiff (if so advised) shall be at liberty to file a reply to the counter-claim of the defendant
within eight weeks after service upon him or his Advocate on record of a copy of the
defendants counter-claim; and the Court or the Judge in Chambers may, on the application
of the plaintiff before trial if in the opinion of the Court or the Judge such counter-claim
cannot be disposed of in the pending suit or ought not to be allowed, refuse permission to the
defendant to avail himself thereof and require him to file a separate suit in respect thereof.
R. 96. Grounds in support of counter-claim to be specifically 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.
R. 97. Title of counter-claim.Where a defendant by his Written Statement sets up
a counter-claim which raises questions between himself and the plaintiff or between himself
and the plaintiff along with other persons, he shall add to the title of his Written Statement a
further title similar to the title in a plaint, setting forth his own name as plaintiff to the
counter-claim and the names of persons against whom the counter-claim is made as
defendants to the counter-claim and shall deliver copies of his Written Statement and
counter-claim to such of them as are already parties to the suit within the period within which
he is required to deliver it to the plaintiff.
R. 98. Claim against person, not party.Where any such person as in the last
preceding rule mentioned is not already a party to the suit, he shall be summoned to appear
by being served with a copy of the Written Statement and counter-claim and such service
shall be regulated by the same rules as are applicable in respect of the service of a Writ of
Summons. Every Written Statement and counter-claim so served shall bear an endorsement
at the foot thereof requiring the defendant to the counter-claim to file his appearance in
person or a vakalatnama and reply to the counter-claim within eight weeks from the service
upon him of the Written Statement and counter-claim and notifying that if he fails to do so,

he will be liable to have a decree passed against him in his absence. The endorsement shall
be in Form No. 15 or to the like effect.
R. 99. Appearance by third parties.Any person not a defendant to the suit, who is
served with a Written Statement and counter-claim as aforesaid, shall appear therein as if he
had been served with a Writ of Summons to appear in the suit.
R. 100. Reply to counter-claim.A defendant to the counter-claim shall file his
appearance in person or a vakalatnama and reply to the counter-claim within eight weeks
from the service of the Written Statement and counter-claim upon him.
R. 101. Exclusion of counter-claim.Where a defendant to the suit sets up a
counter-claim, if any defendant to the counter-claim contends that the claim thereby raised
ought not to be disposed off by way of counter-claim but that the defendant to the suit should
be referred to a separate suit, he may, at any time before the expiry of the time for filing his
reply to the counter-claim, apply to the Court or the Judge in Chambers for an order that such
counter-claim may be excluded from the suit, and the Court or the Judge may, on the hearing
of such application, make such order as it or he thinks fit.
R. 102. Discontinuance of suit.If in any case in which a defendant sets up a
counter-claim the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim
may nevertheless be proceeded with.
R. 103. Defendant to counter-claim in default.If a defendant to the counter-claim
makes default in filing a reply to the counter-claim, the plaintiff to the counter-claim may
apply by Notice of Motion for judgment on the counter-claim, and such judgment shall be
given as the Court or the Judge shall consider him to be entitled to.
R. 104. Judgment for balance.Where in any suit a set-off or counter-claim is
established as a defence against the plaintiffs claim, the Court or the Judge may, if the
balance is in favour of the defendant, give judgment for the defendant for such balance, or
may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits
of the case.
R. 105. Payment with denial of liability.In an action for damages the defendant
may at any time after he has filed his appearance in person or a vakalatnama pay into Court a
sum of money in satisfaction of the plaintiffs claim with a denial of liability.
Notice of such payment shall be given to the plaintiff. The Notice shall be in Form
No. 16 with such variations as the circumstances may require.
R. 106. Mode of withdrawing money paid with denial of liability.After the
money is paid into Court under the last preceding rule, the plaintiff may within seven days of
the receipt of the notice of payment into Court apply by Chamber Summons for payment of
the said money to him in satisfaction of his claim and the Judge may at the hearing of the
summons make such order as to payment of the money and costs as he may think fit.
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