Code of Civil Procedure, 1908 | Order VIII
Order VIII Rules 1, 1A, 2, 3, 3A, 4 and 5 CPC
These provisions govern filing of the written statement, production of documents by the defendant, special grounds of defence, specific and non-evasive denials, and the consequences of failing to deny allegations. Commercial disputes of specified value are subject to stricter timelines and pleading requirements.
Order VIII Rule 1 CPC Written statement
The defendant must ordinarily present the written statement within thirty days from the date of service of summons.
In an ordinary civil suit, where the written statement is not filed within thirty days, the Court may, for reasons recorded in writing, permit filing on another date contemplated by the proviso to Rule 1. The statutory text refers to an outer period of ninety days, though judicial decisions have treated this timeline as directory in non-commercial suits rather than an absolute bar.
In a commercial dispute of specified value, the special amended proviso applies: the Court may permit filing beyond thirty days on recorded reasons and on payment of costs, but not beyond one hundred and twenty days from service of summons. On expiry of that period, the right to file is forfeited and the written statement cannot be taken on record.
Order VIII Rule 1A CPC Duty of defendant to produce documents relied upon
Where the defendant bases the defence, set-off or counter-claim on a document in the defendant's possession or power, the document must be entered in a list and produced when the written statement is presented, together with a copy for filing.
If the document is not in the defendant's possession or power, the defendant should, wherever possible, state in whose possession or power it is.
A document that ought to have been produced under Rule 1A but was not produced cannot be received in evidence on the defendant's behalf without leave of the Court. This restriction does not apply to documents used for cross-examination of the plaintiff's witnesses or handed to a witness merely to refresh memory.
Order VIII Rule 2 CPC New facts must be specially pleaded
The defendant must specifically plead all matters showing that the suit is not maintainable, that the transaction is void or voidable in law, and all grounds of defence which, if not raised, would be likely to take the opposite party by surprise or would raise issues of fact not arising from the plaint.
Illustrative matters include fraud, limitation, release, payment, performance and facts showing illegality.
Order VIII Rule 3 CPC Denial to be specific
A general denial is not sufficient. The defendant must deal specifically with each allegation of fact whose truth is not admitted, except allegations relating to damages.
Order VIII Rule 3A CPC Denial by defendant in commercial suits
In commercial disputes of specified value, the written statement must identify which allegations are denied, which are admitted, and which the defendant is unable to admit or deny but requires the plaintiff to prove.
Where a fact is denied, the defendant must give reasons and, if relying on a different version of events, state that version. A challenge to jurisdiction or valuation must likewise state the reasons and, where possible, the defendant's own position on the proper Court or valuation.
Order VIII Rule 4 CPC Evasive denial
A defendant must answer the substance of an allegation and cannot deny it evasively. For example, if receipt of a stated sum is alleged, merely denying receipt of that exact figure is insufficient where some amount was in fact received; the defendant should state what was received or deny receipt of any part of it.
Order VIII Rule 5 CPC Specific denial and deemed admission
Every allegation of fact in the plaint that is not specifically denied, denied by necessary implication, or stated to be not admitted is ordinarily taken to be admitted, except against a person under disability. The Court may nevertheless require proof of a fact that would otherwise stand admitted.
In commercial disputes, failure to deny in the manner required by Rule 3A may similarly result in the allegation being treated as admitted, subject to the statutory exception for persons under disability.
Where no pleading is filed, the Court may pronounce judgment on the basis of facts stated in the plaint, subject to its discretion to require proof. Where judgment is pronounced under Rule 5, a decree must be drawn up accordingly.