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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 9 CPC: Subsequent pleadings

Bare Act text

[9. Subsequent pleadings.—No pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim 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 of not more than thirty days for presenting the same.

Amendment notes

  1. Subs. by Act 22 of 2002, s. 9, for rules 9 and 10 (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

No pleading after the defendant's written statement, other than by way of defence to a set-off or counter-claim, may be presented without the Court's leave and on such terms as it thinks fit. The Court may at any time require a written statement or additional written statement from any party and fix a time of not more than thirty days for presenting it. This rule was substituted by the 2002 amendment.

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