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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order VIII: Written Statement, Set-off And Counter Claim

Order VIII Rule 1 CPC: Written statement

Bare Act text

[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 Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].

Amendment notes

  1. Subs. by Act 4 of 2016, s. 16 and Sch., for the Proviso, Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
  2. Subs. by Act 22 of 2002, s. 9, for rule 1 (w.e.f. 1-7-2002).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

The defendant must present a written statement of his defence within thirty days from the date of service of summons on him. If he fails, the Court may allow it on another day, for reasons recorded in writing, but not later than ninety days from service. For commercial disputes, the Commercial Courts Act, 2015 allows filing up to one hundred and twenty days on payment of costs; after that the defendant forfeits the right and the written statement cannot be taken on record.

Order VIII: Written Statement, Set-off And Counter Claim

  1. 1 Written statement
  2. 1A Duty of defendant to produce documents upon which relief is claimed or relied upon by him
  3. 2 New facts must be specially pleaded
  4. 3 Denial to be specific
  5. 4 Evasive denial
  6. 5 Specific denial
  7. 6 Particulars of set-off to be given in written statement
  8. 6A Counter-claim by defendant
  9. 6B Counter-claim to be stated
  10. 6C Exclusion of counter-claim
  11. 6D Effect of discontinuance of suit
  12. 6E Default of plaintiff to reply to counter-claim
  13. 6F Relief to defendant where counter-claim succeeds
  14. 6G Rules relating to written statement to apply
  15. 7 Defence or set-off founded upon separate grounds
  16. 8 New ground of defence
  17. 8A Duty of defendant to produce documents upon which relief is claimed by him (Omitted)
  18. 9 Subsequent pleadings
  19. 10 Procedure when party fails to present written statement called for by Court
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