Written Statement
Written statement, set-off and counter-claim, in the First Schedule to The Code of Civil Procedure, 1908
[Written statement, set-off and counter-claim]
1 [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 same 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.]
*[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 and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.].
STATE AMENDMENTS
Jammu and Kashmir and Ladakh (UTs). --
In Rule 1, for the proviso thereto, substitute the following proviso, namely, --
Provided that where the defendant fails to file the written statement with 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 and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written statement to be taken on record.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020)].
1. Subs. by Act 22 of 2002, s. 9, for rule 1 (w.e.f 1-7-2002).
*. 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).
How this Rule is cited
It is written both ways, and both mean this Rule: Order VIII Rule 1 CPC and Order 8 Rule 1 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 8 Rule 1 CPC, Order VIII Rule 1 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.