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Report No. 253

7. Amendment of Order VIII. - In the First Schedule, in Order VIII of the Code of Civil Procedure, 1908,

(i) in Rule 1 the existing proviso shall be substituted by the following proviso:

"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. 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."

(ii) after Rule 3, the following Rule shall be inserted:

"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."

(iii) in Rule 5(1), after the first proviso, the following proviso shall be inserted:

"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."

(iv) in Rule 10, after the first proviso, the following proviso shall be inserted:

"Provided that no Court shall make an order to extend the time provided under Rule 1 of this Order for filing of the written statement."



Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 Back




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