CIVIL

Written Statement and Set-Off to be filed in Calcutta High Court under Original Side Rules[Ch-9][CHCOSR]

KHC

Written Statement and Set-Off

  1. Rules as to plaints where applicable.– Rules as to plaints so far as the same are applicable shallmutatis mutandis, apply to written statements; the word plaintiff therein being read for the purposes of this rule as though it were defendant, where the context so permits and provisions laid down in Order VIII of C.P.C. shall also apply to such written statement.

2. Written statements when Not to be filed. – No written statement of a defendant shall be filed unless an appearance has first been entered. No written statement or voluntary statement shall be filed, after the time limited for filing the same by the writ of summons, or any rule, or any order, as the case may be, has expired, except under an order obtained by summons in Chambers taken out prior to the expiry of such time.

3. Where written statement is Not filed, suit may be transferred to the Peremptory Undefended List. – Except as provided by Chapter X, rule 27, (a) where the written statement of a sole defendant is, or the written statements of all the defendants are, Not filed within the time fixed by the summons, or within such further time as may be allowed, or (b) where one or more of several defendants has or have failed to enter appearance, and the other or others has or have entered appearance but failed to file a written statement within the time fixed by the summons or further time allowed, or (c) where a defendant, who having obtained an order for transfer of a suit to this Court under section 39 of the Presidency Small Cause Court Act (XV of 1882), and having been directed under the provisions of section 40(2) of that Act to file a written statement, has failed to file the same within the time fixed, the suit shall, unless otherwise ordered by the Judge, Registrar or Master, upon requisition by the plaintiff in writing to the Registrar and production of a certificate showing such default, be transferred to the peremptory list of undefended suits.

4. Suit heard ex parte against defendants in default. – Where one or more of several defendants has or have filed a written statement or written statements, but another or others has or have Not, the suit shall, unless otherwise ordered, upon production of a certificate showing such default, be heard ex parte as against the defaulting defendant or defendants.

5. Written statement of plaintiff: Application for same. – A plaintiff shall Not be required to file a written statement, except on the application of the defendant, to be made by summons in Chambers within one week from the filing of the written statement by the defendant. Such written statement of a plaintiff shall be filed within one week from the date of the order, unless a longer time is allowed. The application must be supported by an affidavit, stating the special circumstances which make it necessary that the plaintiff should file a written statement.

6. Office copy of written statements when may be obtained. – Where both the plaintiff and defendant are required to file written statements, either party, after filing his own written statement, shall be entitled to obtain an office copy of the statement of the other party.

7. Office copy of co-defendant’s written statement. – Where two or more defendants are required to file written statements, a defendant, after filing his own written statement, shall be entitled to obtain an office copy of the statement of a co-defendant.

8. Costs of obtaining co-defendant’s statement. – Where a defendant shall obtain a copy of a statement of a co-defendant, whether filed spontaneously or in compliance with an order, the costs of obtaining such copy shall, unless otherwise ordered, be borne by himself.

9. Written statement of a defendant Not sui juris. -A defendant, Not being sui juris, will Not be required to file a written statement, but a voluntary statement may be filed on his behalf, by the guardian for the suit assigned to him, within three weeks from the date of the order appointing such guardian.

10. Particulars of set-off to be in written statement. – A defendant, desiring to claim a set-off, shall, where required by the Court to file a written statement, state the particulars of his claim in such written statement. A separate statement containing the particulars of set-off need Not be filed, and, where filed, the costs thereof shall Not be allowed, unless otherwise ordered.

11. Notice of set-off and reply thereto. – A defendant claiming a set-off shall forthwith give Notice of the filing of his written statement to the plaintiff and to any defendant who has appeared, and a reply thereto may be filed within 10 days from the filing of the written statement, or within such further time as may be allowed.

12. A defendant making a counterclaim under Order 8 of the Civil Procedure Code shall give Notice of the filing of his written statement making a counter-claim to the plaintiff and to any other defendant who has entered appearance within a week from the date of entering such appearance. Such counter-claim shall be treated as a plaint and be governed by the rules applicable to plaints.

12A. The plaintiff shall be entitled to file a written statement in answer to the counter-claim within 10 days from the date of receipt of the Notice of the filing of the counter-claim or within such further time as may be allowed. Rules relating to written statement filed by the defendant shall apply to the written statement to be filed by the plaintiff in answer to the counter-claim.

13. Every written statement under this Chapter shall be presented before the Registrar or the Master or any other Officer empowered by the Registrar to receive such written statement. In case any original document is produced along with the written statement of the defendant for his defence and/or claiming a set-off or counter-claim and also in case of written statement of the plaintiff in answer to the counter-claim of the defendant under Order 8 of Civil Procedure Code Rule 9 of Chapter VII of this Rule shall apply mutatis mutandis.