![]() If the defendant does not take necessary implications or just give the statement that the fact stated in the plaint is not admitted, it will be considered as the defendant has admitted the facts given in the plaint. It talks about specific denial that the defendant must have to deny specifically.Also, if he received the sum but not a particular amount which is alleged, then he must have written how much amount he received. ![]() For example, if the plaint has alleged that the defendant had received a particular amount, and if the defendant wants to deny this fact, he must have denied that he did not receive that sum or any part. Order VIII Rule 4Įvasive Denial- when the defendant is making the denial of any fact, the denial must be clear and easy to understand. He must have provided the specific grounds for that. This rule also deals in case if the defendant challenges the jurisdiction of the court for that lawsuit. If the defendant is accepting any fact, he can provide the general answer but if he is denying any fact then he must have given the reason behind that why he is denying the particular fact. Order VIII Rule 3 says that the denial made by the defendant in a written statement must be specific, not general except in the case of damages. These facts will help the defendant to win the case because these facts can be related to the limitation and fraud etc. The rule says that the defendant must have raised the important facts related to the case which shows that the suit is not maintainable, or the transaction which is in the issue is made by a void or voidable contract etc. Order VIII Rule 2 is related to the new facts which should be pleaded. If the defendant fails to produce such document at the time of filing statement, the court will not allow him to submit that document as proof in the lawsuit, without the leave of the court. If the document is not in his possession, then the defendant has to state this in whose possession it is. The document can be related to the set-off or counter-claim. According to this rule, the document which is the base of the defence given by the defendant should be delivered to the court on the date of filing the written statement and by attaching the duplicate copy of this document. This rule talks about the protection and production of the document the defendant relies upon. After the expiry of 120 days, the court shall pronounce the judgement.If the defendant fails to file the written statement within 120 days from the date of the service of summons ( 30+90), the court shall forfeit the defendant’s right to submit the written statement.The judge can charge some cost if the defendant fails to file the statement within 30 days.The time period cannot be extended more than 90 days. ![]() The court will record the legitimate reason of the defendant for the delay.if the defendant fails to submit it within 30 days, the court may extend this time up to 90 days.he has to file the written statement within 30 days from the date when he received the summon.Order VIII Rule 1 provides that, when the defendant received the summons by which he came to know that a lawsuit has been filed against him: ![]() So let’s know about every rule: Order VIII Rule 1
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