Order VIII Rules 6, 6A-6G, 7, 8, 8A, 9 and 10 CPC

Order VIII Rule 6 CPC Particulars of set-off to be given in written statement

In a suit for recovery of money, a defendant may claim a legal set-off against the plaintiff's demand where the defendant seeks to recover an ascertained sum legally recoverable from the plaintiff, within the pecuniary jurisdiction of the Court, and both parties fill the same character in relation to the two claims.

The set-off should be pleaded at the first hearing unless the Court permits it later, and the written statement must state the particulars of the debt sought to be set off.

A pleaded set-off has the effect of a plaint in a cross-suit so that the Court may determine both the plaintiff's original claim and the defendant's set-off in the same proceeding. The rules governing written statements also apply to a written statement filed in answer to the set-off.

Order VIII Rule 6A CPC Counter-claim by defendant

In addition to a set-off, a defendant may set up a counter-claim against the plaintiff in respect of a right or claim arising from a cause of action that accrued before or after institution of the suit, provided it accrued before the defendant delivered the defence or before the time fixed for delivering the defence expired.

The counter-claim may include a claim for damages but cannot exceed the pecuniary limits of the Court's jurisdiction.

A counter-claim operates as a cross-suit, enabling the Court to pronounce a final judgment on both the original claim and the counter-claim. The plaintiff may file a written statement in answer within the period fixed by the Court, and the counter-claim is treated as a plaint and governed by the rules applicable to plaints.

Order VIII Rule 6B CPC Counter-claim to be specifically stated

Where a defendant relies on a ground as supporting a counter-claim, the written statement must specifically state that the ground is relied upon by way of counter-claim.

Order VIII Rule 6C CPC Exclusion of counter-claim

Where the plaintiff contends that a counter-claim should be tried in an independent suit rather than in the existing suit, the plaintiff may apply for exclusion of the counter-claim before issues are settled in relation to it. The Court may make such order on that application as it considers appropriate.

Order VIII Rule 6D CPC Effect of discontinuance of suit

If the plaintiff's suit is stayed, discontinued or dismissed after a counter-claim has been set up, the counter-claim may nevertheless proceed.

Order VIII Rule 6E CPC Default of plaintiff to reply to counter-claim

If the plaintiff defaults in filing a reply to the defendant's counter-claim, the Court may pronounce judgment against the plaintiff in relation to the counter-claim or make another order concerning it as the Court thinks fit.

Order VIII Rule 6F CPC Relief where set-off or counter-claim succeeds

Where a set-off or counter-claim is established and a balance is found due to either the plaintiff or the defendant, the Court may give judgment to the party entitled to that balance.

Order VIII Rule 6G CPC Rules relating to written statement to apply

The rules governing a defendant's written statement apply to a written statement filed by the plaintiff in answer to a counter-claim.

Order VIII Rule 7 CPC Defence, set-off or counter-claim founded on separate grounds

Where the defendant relies on several distinct grounds of defence, set-off or counter-claim founded on separate and distinct facts, those grounds should, as far as possible, be stated separately and distinctly.

Order VIII Rule 8 CPC New ground of defence

A ground of defence arising after institution of the suit, or after presentation of a written statement claiming set-off or counter-claim, may be raised by the defendant or plaintiff, as the case may be, in the written statement.

Order VIII Rule 8A CPC Omitted

Former Rule 8A dealt with the defendant's duty to produce documents upon which relief was claimed. It was omitted by the Code of Civil Procedure (Amendment) Act, 1999 with effect from 1 July 2002.

The current provision governing the defendant's production of documents is Order VIII Rule 1A CPC.

Order VIII Rule 9 CPC Subsequent pleadings

No pleading after the defendant's written statement, other than a pleading by way of defence to a set-off or counter-claim, may be presented without leave of the Court and on such terms as the Court considers fit.

The Court may at any time require a written statement or an additional written statement from any party and may fix a period not exceeding thirty days for presenting it.

Order VIII Rule 10 CPC Procedure when a party fails to present written statement

Where a party required to present a written statement under Rule 1 or Rule 9 fails to do so within the time permitted or fixed by the Court, the Court may pronounce judgment against that party or make such other order in relation to the suit as it thinks fit. If judgment is pronounced, a decree is to be drawn up.

Commercial disputes: For commercial disputes of specified value, the special amended regime must be read with Rule 1. Once the mandatory period permitted for filing the written statement expires, the Court cannot extend that time contrary to the commercial-dispute provisions.