Date:- 01/04/2026

Rule 6A. Counter-claim by defendant.—

(1) A defendant in a suit

may, 

in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, 

any right or claim in respect of a cause of action accruing to the defendant against the plaintiff 

either before or after the filing of the suit but before the defendant has delivered his defence

or

before the time limited for delivering his defence has expired, 

whether such counter-claim is in the nature of a claim for damages or not:

Provided that 

such counter-claim shall not exceed

the pecuniary limits of the jurisdiction of the court.

(2) Such counter-claim shall have the same effect as a cross-suit 

so as to enable the Court to pronounce a final judgment in the same suit, 

both on the original claim and on the counter-claim.

(3) The plaintiff shall be at liberty to file

a written statement in answer to the counter-claim of the defendant

within such period as may be fixed by the court.

(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.

Rule 6B. Counter-claim to be stated.— 

Where any defendant seeks to rely upon any ground as supporting a right of counter-claim, 

he shall, 

in his written statement, 

state specifically that he does so by way of counter-claim.

Rule 6C. Exclusion of counter-claim.—

Where a defendant sets up a counter-claim 

and 

the plaintiff contends that the claim thereby raised 

ought not to be disposed of by way of counter-claim 

but in an independent suit, 

the plaintiff 

may, 

at any time before issues are settled in relation to the counter-claim, 

apply to the Court for an order that such counter-claim may be excluded, 

and 

the Court 

may, 

on the hearing of such application make such order as it thinks fit.

Rule 6D. Effect of discontinuance of suit.— 

If in any case in which the defendant sets up a counterclaim, 

the suit of the plaintiff is stayed, discontinued or dismissed, 

the counter-claim may nevertheless be proceeded with.

Rule 6E. Default of plaintiff to reply to counter-claim.—

If the plaintiff makes default in putting in a reply to the counter-claim made by the defendant, 

the Court may pronounce judgment against the plaintiff in relation to the counter-claim made against him, 

or 

make such order in relation to the counter-claim as it thinks fit.

Rule 6F. Relief to defendant where counter-claim succeeds.—

Where in any suit 

a set-off or counter- claim is established as a defence against the plaintiff’s claim 

and 

any balance is found due to the plaintiff or the defendant, as the case may be, 

the Court may give judgment to the party entitled to such balance.

Rule 6G. Rules relating to written statement to apply.—

The rules relating to a written statement by a defendant 

shall apply to 

a written statement filed in answer to a counter-claim.

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 31/03/2026

Rule 6. Particulars of set-off to be given in written statement.—

(1) Where in a suit for the recovery of money 

the defendant claims to set-off 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, 

presents a written statement 

containing the particulars of the debt sought to be set-off.

(2) Effect of set-off.—

The written statement shall have the same effect 

as a plaint in a cross-suit 

so as to enable the court 

to pronounce a final judgment in respect both of the original claim and of the set-off: 

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 set-off.

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 effects, C pays Rs, 1,000 as surety for D; then D sues C for the legacy. C cannot set-off 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 purchase-money by C against B, the latter cannot set-off 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 set-off. The amount not being ascertained cannot be set-off.

(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 set-off.

(e) A sues B for compensation on account of trespass. B hold a promissory note for Rs. 1,000 from A and claims to set-off that amount against any sum that A may recover in the suit. B may do so, for, as soon as A recovers, both sums are definite pecuniary demands.

(f) A and B sue C for Rs. 1,000. C cannot set-off a debt due to him by A alone.

(g) A sues B and C for Rs. 1,000. B cannot set-off 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 for Rs. 1,500 due in his separate character. C may set-off the debt of Rs. 1,000.

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 30/03/2026

Rule 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.

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Rule 5. Specific denial.—

(1) 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:

*[Provided further that every allegation of fact in the plaint,

if not denied in the manner provided under Rule 3A of this Order,

shall be taken to be admitted except as against a person under disability.]

(2) Where the defendant has not filed a pleading,

it shall be lawful for the court to pronounce judgment

on the basis of the facts contained in the plaint,

except as against a person under a disability,

but the Court

may,

in its discretion, require any such fact to be proved.

(3) In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2),

the Court shall have due regard to the fact whether the defendant could have, or has, engaged a pleader.

(4) Whenever a judgment is pronounced under this rule,

a decree shall be drawn up in accordance with such judgment

and

such decree shall bear the date on which the judgment was pronounced.

*Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 29/03/2026

Rule 2. New facts must be specially pleaded.—

The defendant must raise by his pleading 

all matters which show the suit not 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.

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Rule 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.

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*[Rule 3A. Denial by the defendant in suits before the Commercial Division of the High Court or the Commercial Court.— 

(1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this Rule.

(2) The defendant in his written statement shall state 

which of the allegations in the particulars of plaint he denies, 

which allegations he is unable to admit or deny, 

but which he requires the plaintiff to prove, 

and 

which allegations he admits.

(3) Where the defendant denies an allegation of fact in a plaint, 

he must state his reasons for doing so 

and 

if he intends to put forward a different version of events from that given by the plaintiff, 

he must state his own version.

(4) If the defendant disputes the jurisdiction of the Court 

he must state the reasons for doing so, 

and 

if he is able, 

give his own statement as to which Court ought to have jurisdiction.

(5) If the defendant disputes the plaintiff’s valuation of the suit, 

he must state his reasons for doing so, 

and 

if he is able, give his own statement of the value of the suit.]

*Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 28/03/2026

ORDER VIII

Written statement, set-off and counter-claim

Rule 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.]

*Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

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Rule 1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.—

(1) Where the defendant bases his defence

upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claim,

he shall enter such document in a list,

and

shall produce it in Court when the written statement is presented by him

and

shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement.

(2) Where any such document is not in the possession or power of the defendant,

he shall, wherever possible, state in whose possession or power it is.

(3) A document which ought to be produced in Court by the defendant under this rule,

but, is not so produced shall not,

without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.

(4) Nothing in this rule shall apply to documents—

(a) produced for the cross-examination of the plaintiff’s witnesses,

or

(b) handed over to a witness merely to refresh his memory.

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 27/03/2026

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Rule 15 was omitted by Act 46 of 1999 s. 17 (w.e.f. 1-7-2002).

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Rule 16. Suits on lost negotiable instruments.—

Where the suit is founded upon a negotiable instrument,

and

it is proved that the instrument is lost,

and

an indemnity is given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument,

the Court may pass such decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented,

and

had at the same time delivered a copy of the instrument to be filed with the plaint.

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Rule 17. Production of shop-book.—

(1) Save in so far as is otherwise provided by the Bankers’ Books Evidence Act, 1891 (XVIII of 1891),

where the document on which the plaintiff sues is an entry in a shop-book or other account in his possession or power,

the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry on which he relies.

(2) Original entry to be marked and returned.—

The Court or such officer as it appoints in this behalf,

shall forthwith mark the document for the purpose of identification;

and,

after examining and comparing the copy with the original, shall,

if it is found correct,

certify it to be so and return the book to the plaintiff and cause the copy to be filed.

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Rule 18 was omitted by Act 22 of 2002, s. 8 (w. e. f. 1-7-2002).

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 26/03/2026

Rule 14. Production of document on which plaintiff sues or relies.—

(1) Where a plaintiff sues upon a document

or relies upon document in his possession

or power in support of his claim,

he shall enter such documents in a list,

and

shall produce it in Court when the plaint is presented by him

and

shall, at the same time deliver the document

and

a copy thereof, to be filed with the plaint.

(2) Where any such document is

not in the possession or power of the plaintiff,

he shall, wherever possible,

state in whose possession or power it is.

(3) A document which

ought to be produced in Court by the plaintiff

when the plaint is presented,

or

to be entered in the list to be added or annexed to the plaint

but is not produced or entered accordingly,

shall not, without the leave of the Court,

be received in evidence on his behalf at the hearing of the suit.

(4) Nothing in this rule shall apply to document produced for

the cross-examination of the plaintiffs witnesses,

or

handed over to a witness merely to refresh his memory.

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 25/03/2026

Rule 11. Rejection of plaint.— 

The plaint shall be rejected in the following cases:—

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued,

and

the plaintiff, on being required by the Court to correct the valuation

within a time to be fixed by the Court,

fails to do so;

(c) where the relief claimed is properly valued,

but the plaint is returned

upon paper insufficiently stamped,

and

the plaintiff, on being required by the Court

to supply the requisite stamp-paper

within a time to be fixed by the Court,

fails to do so;

(d) where the suit appears from the statement in the plaint

to be barred by any law; 

(e) where it is not filed in duplicate;

(f) where the plaintiff fails to comply with the provisions of rule 9:

Provided that

the time fixed by the Court

for the correction of the valuation

or

supplying of the requisite stamp-paper

shall not be extended

unless the Court, for reasons to be recorded,

is satisfied that

the plaintiff was prevented by

any cause of an exceptional nature

from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court

and

that refusal to extend such time would cause grave injustice to the plaintiff.

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Rule 12. Procedure on rejecting plaint.—

Where a plaint is rejected

the Judge shall record an order to that effect with the reasons for such order.

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Rule 13. Where rejection of plaint does not preclude presentation of fresh plaint.—

The rejection of the plaint on any of the grounds hereinbefore mentioned

shall not of its own force preclude the plaintiff from

presenting a fresh plaint in respect of the same cause of action.

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 24/03/2026

Rule 10. Return of plaint.—

(1) Subject to the provisions of rule 10A,

the plaint shall at any stage of the suit

be returned to be presented to the Court

in which the suit should have been instituted.

Explanation.— For the removal of doubts,

it is hereby declared that

a Court of appeal or revision may direct

after setting aside the decree passed in a suit,

the return of the plaint under this sub-rule.

(2) Procedure on returning plaint. —

On returning a plaint,

the Judge shall endorse thereon the date of its presentation and return,

the name of the party presenting it,

and

a brief statement of the reasons for returning it.

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Rule 10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.—

(1) Where, in any suit,

after the defendant has appeared,

the Court is of opinion that

the plaint should be returned,

it shall, before doing so,

intimate its decision to the plaintiff.

(2) Where an intimation is given to the plaintiff under sub-rule (1),

the plaintiff may make an application to the Court—

(a) specifying the Court

in which he proposes to present the plaint after its return,

(b) praying that

the Court may fix a date

for the appearance of the parties in the said Court,

and

(c) requesting that

the notice of the date so fixed

may be given to him and to the defendant.

(3) Where an application is made by the plaintiff under sub-rule (2),

the Court shall,

before returning the plaint

and

notwithstanding that the order for return of plaint was made by it

on the ground that it has no jurisdiction to try the suit,—

(a) fix a date for the appearance of the parties in the Court

in which the plaint is proposed to be presented,

and

(b) give to the plaintiff and to the defendant

notice of such date for appearance.

(4) Where the notice of the date for appearance is given under sub-rule (3),—

(a) it shall not be necessary for the Court in which the plaint is presented after its return,

to serve the defendant with a summons for appearance in the suit,

unless that Court,

for reasons to be recorded, otherwise directs,

and

(b) the said notice shall be deemed to be a summons

for the appearance of the defendant

in the Court in which the plaint is presented on the date so fixed by the Court by which the plaint was returned.

(5) Where the application made by the plaintiff under sub-rule (2) is allowed by the Court,

the plaintiff shall not be entitled to appeal against the order returning the plaint.

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Rule 10B. Power of appellate Court to transfer suit to the proper Court.—

(1) Where, on an appeal against an order for the return of plaint,

the Court hearing the appeal confirms such order,

the Court of appeal

may,

if the plaintiff by an application so desires,

while returning the plaint,

direct plaintiff to file the plaint, subject to the provisions of the Limitation Act, 1963 (36 of 1963),

in the Court in which the suit should have been instituted, (whether such Court is within or without the State in which the Court hearing the appeal is situated),

and

fix a date for the appearance of the parties in the Court in which the plaint is directed to be filed

and

when the date is so fixed

it shall not be necessary for the Court in which the plaint is filed

to serve the defendant

with the summons for appearance in the suit,

unless that Court in which the plaint is filed, for reasons to be recorded, otherwise directs.

The direction made by the Court under sub-rule (1)

shall be without any prejudice to the rights of the parties

to question the jurisdiction of the Court, in which the plaint is filed, to try the suit.

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 23/03/2026

Rule 7. Relief to be specifically stated.—

Every plaint shall state specifically 

the relief which the plaintiff claims 

either simply or in the alternative, 

and 

it shall not be necessary to ask for general or other relief 

which may always be given as the Court may think just to the same extent as if it had been asked for. 

And 

the same rule shall apply to any relief 

claimed by the defendant in his written statement.

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Rule 8. Relief founded on separate grounds.—

Where the plaintiff seeks relief in respect of

several distinct claims

or

causes of action 

founded upon

separate

and

distinct grounds, 

they shall be stated as far as may be

separately

and

distinctly.

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Rule 9. Procedure on admitting plaint.—

Where the Court orders that

the summons be served on the defendants

in the manner provided in rule 9 of Order V,

it will direct the plaintiff

to present

as many copies of the plaint on plain paper as there are defendants

within seven days from the date of such order

along with requisite fee for service of summons on the defendants.

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Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.