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Friday, 13 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 7 CPC: Defence or set-off founded upon separate grounds

Bare Act text

7. Defence or set-off founded upon separate grounds.—Where the defendant relies upon several distinct grounds of defence or set-off [or counter-claim] founded upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly.

Amendment notes

  1. Ins. by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977).

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

Where the defendant relies on several distinct grounds of defence, set-off or counter-claim founded on separate and distinct facts, they must as far as may be be stated separately and distinctly. The words on counter-claim were added by the 1976 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
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