Order 8

Written statement and set-off

 Written statement
A written statement is the statement of the defendant in his defense in
which he either admits the claims or denies the facts alleged by plaintiff in his
plaint. The defendant can bring up new facts about the case and legal
problems with what the plaintiff is asking for.
It is a specific word that usually means a response to the plaint that the
plaintiff filed. In other words, it is the defendant's response to the relevant
facts alleged by the plaintiff in his plaint and any new facts in his favor or legal
arguments against the plaintiff's claim.
Order VIII Rule 1 of the civil procedure code provides that, after the
service of summons, the defendant should file the written statement within 30
days.
But in case if the defendant fails to submit it before 30 days, then
according to the section 80(2), he can file his statement within 90 days as the
Court allows him to do so.
 Characteristics of the written statement
 The defendant has to appear in court on the date mentioned in the
summons.
 Before the date of appearing in the court, the defendant needs to file the
written statement in the court.
 The statement should deny or accept the allegations imposed on him. Any
allegations which are not answered by the defendant are deemed to be
accepted by the defendant.
 The statement must contain the verification of the defendant by stating
that the content written in the statement is true and correct as per the
knowledge of the defendant.
 Who may file written statement
A written statement may be filed by the defendant or by his duly
authorized agent. In the case of more than one defendant, the common
written statement filed by them must be signed by all of them. But it is
sufficient if it is verified by one of them who is aware of the facts of the case
and is in a position to file an affidavit.

 Rules related to the Written statement

 Rule 1
Rule 1 provides that, when the defendant received the summons by which he
came to know that a lawsuit has been filed against him: 
 he has to file the written statement within 30 days from the date when he
received the summon. 
 if the defendant fails to submit it within 30 days, the court may extend this
time up to 90 days
 The court will record the legitimate reason of the defendant for the delay. 
 The time period cannot be extended more than 90 days.
 The judge can charge some cost if the defendant fails to file the statement
within 30 days.
 If the defendant fails to file the written statement within 120 days from the
date of the service of summons (30+90), the court shall forfeit the
defendant’s right to submit the written statement. 
 After the expiry of 120 days, the court shall pronounce the judgement.
 According to this rule, the document that forms the basis of the defendant's
defense should be given to the court on the date that the written statement
is filed, along with a copy of the document.
 The document can be related to the set-off or counter-claim.
 If the document is not in his possession, then the defendant has to state
this in whose possession it is.
 If the defendant doesn't have that document when he files his statement,
he won't be able to use it as proof in the lawsuit without the court's
permission.
 Rule 2
Rule 2 is about the new facts that should be brought up in a special way.
The rule says that the defendant must have brought up the important
facts about the case that show that the suit can't be brought or that the
transaction at issue was made through a void or voidable contract, etc. These
facts will help the defendant win the case because they have to do with
limitations, fraud, and among other things.
 Rule 3
It says that the denial made by the defendant in a written statement
must be specific, not general except in the case of damages.
 Rule 4
Rule 4 is about the Evasive Denial.
When a defendant denies a fact, they must do so in a way that is clear
and easy to understand. For example, if the complaint says that the defendant
got up a specific amount, and the defendant wants to deny this, he must have
said that he didn't get that amount or any part of it. Also, if he got the money
but not a specific amount, as is claimed, he should have written down how
much he got.
 Rule 5
Rule 5 is about the Specific Denial-
It talks about specific denial that the defendant must have to deny
specifically. If the defendant does not take necessary implications or just give
the statement that the fact stated in the plaint is not admitted, it will be
considered as the defendant has admitted the facts given in the plaint.
The rule clearly says that the person must have given the specific reason
that why he is denying the fact given into the plaint. He cannot just say that “I
am not admitting this fact”. He must be specific on this answer.
 Set-off
The doctrine of set off defined in rule 6 order 8.
Set off is a claim set up against the plaintiff which has the effect of
reduction or discharge of a party’s debt or claim. In other words, it is a cross-
claim which partly offsets the original claim. Where there are mutual debts
between the plaintiff and the defendant, one debt maybe settled against the
other. It is a plea which is available to the defendant for his defense in a suit
instituted by the plaintiff.
 Essential of set-off
According to rule 6 of order 8 there are some essentials for set-off. They are:
1. The suit is for money recovery
2. The defendants claim must be for a certain sum of money
3. The money must be legally recoverable
4. set off must not exceed the pecuniary limit of court
5. Both plaintiff and defendant must fill the same character as they fill in the
plaintiff claim.

 Purpose of set-off in a written statement

 To prevent the institution of a fresh suit in the court.
 It prevents multiple lawsuits between plaintiff and defendant.
 It prevents the valuable time of the court.
 Effect of Set-off
According to rule 6 (2) of the order 8,
In a case where the defendant claims set-off in a plaintiff's suit, the
defendant's written statement operates as a plaint in a different suit. This
written statement works as a cross-suit against the plaintiff, but no separate
complaint is required. In a case when set-off is requested, the court has two
cases, but they are tried as a single suit and no distinct suit number is assigned.
Provided the plaintiff does not present and his suit is dismissed for
default, he withdraws his suit, or he fails to substantiate his claim at trial, it
does not affect the defendant's claim for set-off, and a decree may be given in
his favor if he can show his claim.
 Counter claim
The defendant can add any claim or right from the plaintiff's lawsuit.
This cause of action can be before or after the plaintiff's suit. Counterclaim The
counter-claim was added to the same litigation to prevent the defendant from
filing a new suit for this cause of action, saving court and party time.
 Difference between Set off and Counter Claim
 Set off
1. Set off defined in rule 6 order 8 of CPC.
2. Set off has 2 classification
a. equitable set off
b. legal set off
3. Amounting of set off must be recoverable at the date of suit.
4. Set off must arise out of the same transaction.

 Counter Claim:
1. Counter Claim has no such classification.
2. Whereas counterclaim must be recoverable at the date of the written
statement.
3. it’s need not to arise out of the same transaction.