ORDER VIII
WRITTEN STATEMENT AND SETOFF
1. Written statement. The defendant 4[*] shall at or before the first hearing or within such time as
the Court may permit, present a written statement of his defence [:]1
2[Provided that the period allowed for filing the written statement shall not ordinarily exceed
3[thirty] days.]
4["Provided further that not more than two adjournments shall be granted for presenting the written
statement"].
2. New facts must be specially pleaded. The defendant must raise by his pleading all matters,
which show the suit not to be maintainable, or that the transaction is either void or voidable in point of
law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by
surprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation,
release, payment, performance, or facts showing illegality.
3. Denial to be specific. It shall not be sufficient for a defendant in his written statement to deny
generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each
allegation of fact of which he does not admit the truth, except damages.
4. Evasive denial. Where a defendant denies an allegation of fact in the plaint, he must not do so
evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of
money, it shall not be sufficient to deny that he received that particular amount, but he must deny that
he received that sum or any part thereof, or else set out how much he received. And if an allegation is
made with diverse circumstances, it shall not be sufficient to deny it along with those circumstances.
5. Specific denial. Every allegation of fact in the plaint, if not denied specifically or by necessary
implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted
except as against a person under disability:
Provided that the Court may in its discretion require any fact so admitted to be proved otherwise
than by such admission.
6. Particular of setoff
to be given written statement.__ (1) Where in a suit for the recovery of
money the defendant claims to setoff
against the plaintiff's demand any ascertained sum of money
legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of
the Court, and both parties fill the same character as they fill in the plaintiff's suit, the defendant may,
at the first hearing of the suit, but not afterwards unless permitted by the Court, present a written
statement containing the particulars of the debt sought to be setoff.
(2) Effect of Setoff.
The written statement shall have the same effect as a plaint in a crosssuit
so
as to enable the Court to pronounce a final judgement in respect both of the original claim and of the
1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. for fullstop.
2Proviso added ibid.
3Subs. by Act. XIV of 1994, S.11.
4 Omitted and Added by No. 300 Rules XIY26,
dated 2nd October, 2001.
Code of Civil Procedure, 1908 [1908 : V]
Page 119 of 370
setoff:
but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the
costs payable to him under the decree.
(3) The rules relating to a written statement by a defendant apply to a written statement in answer
to a claim of setoff.
Illustrations
(a) A bequeaths Rs.2,000 to B and appoints C his executor and residuary legatee. B dies and D
takes out administration to B's effect. C pays Rs.1,000 as surety for D: then D sues C for
the legacy. C cannot setoff
the debt of Rs.1,000 against the legacy, for neither C nor D fills
the same character with respect to the legacy as they fill with respect to the payment of the
Rs.1,000.
(b) A dies intestate and in debt to B.C takes out administration to A's effects and B buys part of
the effects from C. In a suit for the purchasemoney
by C against B, the latter cannot setoff
the debt against the price, for C fills two different characters, one as the vendor to B, in
which he sues B, and the other as representative to A.
(c) A sues B on a bill of exchange. B alleges that A has wrongfully neglected to insure B's
goods and is liable to him in compensation which he claims to setoff.
The amount not
being ascertained cannot be setoff.
(d) A sues B on a bill of exchange for Rs.500, B holds a judgment against A for Rs.1,000. The
two claims being both definite pecuniary demands may be setoff.
(e) A sues B for compensation on account of trespass. B holds a promissory note for Rs.1,000
from A and claims to setoff
that amount against any sum that A may recover in the suit. B
may do so for, as soon as A recovers, both sums as definite pecuniary demands.
(f) A and B sue C for Rs.1,000, C cannot setoff
a debt due to him by A alone.
(g) A sues B and C for Rs.1,000. B cannot setoff
a debt due to him alone by A.
(h) A owes the partnership firm of B and C Rs.1,000. B dies, leaving C surviving. A sues C for
a debt of Rs.1,500 due in his separate character. C may setoff
the debt of Rs.1,000.
7. Defence or setoff
founded on separate grounds. Where the defendant relies upon several
distinct grounds of defence or setoff
founded upon separate and distinct facts, they shall be stated, as
far as may be, separately and distinctly.
8. New ground of defence. Any ground of defence which has arisen after the institution of the suit
or the presentation of a written statement claiming a setoff
may be raised by the defendant or plaintiff,
as the case may be, in his written statement.
Code of Civil Procedure, 1908 [1908 : V]
Page 120 of 370
9. Subsequent Pleadings. No pleading subsequent to the written statement of a defendant other
than by way of defence to a setoff
shall be presented except by the leave of the Court and upon such
terms as the Court thinks fit, but the Court may at any time require a written statement or additional
written statement from any of the parties and fix a time for presenting the same.