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    • #228865

      This page has a list of links to different sets of MCQs on topics such as Code of Civil Procedure, Constitution of India, Criminology, Service Rules, Limitation Act, etc. Each set has some solved and unsolved questions with answers and explanations.

      [See the full post at: MCQs for law examinations]

    • #228873


      1- When written statements are required:- It is laid down in Order VIII, Rule
      of the Code of Civil Procedure, that a defendant may, and if so required
      by the Court shall, at or before the first hearing or within such time as the
      Court may permit, present a written statement of his defence. Ordinarily
      it is advisable to require such a written statement and the Court should at
      the time of issuing the summons call for a written statement from the
      defendant on the date fixed for his appearance. In most cases, there
      should be no difficulty in presenting such a written statement on the date
      fixed, and no adjournment should be given for the purpose except for
      good cause shown, and in proper cases, costs should be awarded to the
      opposite side. Laxity in granting adjournments for the purpose of filing
      written statements should be avoided and it should be noted that in
      extreme cases contumacious refusal to comply with the Court’s order is
      liable to be dealt with under Order VIII, Rule 10, Civil Procedure Code.

      2-Documents to accompany the written statement:- The combined effect
      of Rules 1,11 and 12 of Order VIII is that the defendant should
      produce with the written statement (i) all documents in his
      possession or power on which he bases his defence or claim to set, off, if
      any (ii) a list of other documents not in his possession or power but on
      which he relies in support of his case (iii) a statement indicating his
      address for service and (iv) a duplicate of the written statement to be
      supplied to the plaintiff.

      Sub-rule (2) of Rule 1 of Order VIII requires that if the list
      referred to in (ii) above is not annexed with the written statement or
      presented at the first hearing, it shall be presented within a period of ten
      days from the date of the first hearing.

      3-Replications:- When the defendant has filed a written statement, the
      Court may call upon the plaintiff to file a written state- ment in reply.
      Under Order VIII Rule 9, the Court has power to call upon both
      parties to file written statements at any time and this power should be
      freely used for elucidating the pleas when necessary, especially in
      complicated cases. In simple cases, however, examination of the parties,
      after the defendant has filed his written statement is generally found to
      be sufficient.

      4-Separate written statements:- In all cases where there are several
      defendants the Court should, as a rule, take a separate written statement
      from each defendant unless the defences of any defendants filing a joint
      written statement are identical in all respects. There may be different
      defences based upon a variety of circumstances and these should not be
      allowed to be mixed up together in a single statement merely because all
      the defendants deny the plaintiff’s claim.

      5-Court fees on set-off:- Written Statements called from the parties may be
      on plain paper, but when the defendant claims in his written statements any
      sum by way of set-off [3] [counter-claim] under Order VIII, Rule 6 [3]
      [and 6A to 6G] Civil Procedure Code, the statement must be stamped in the same
      manner as a plaint in a suit for the recovery of that sum.

      6-Contents:- A “written statement” is included in the definition of
      “pleading” (vide Order VI, Rule 1) and should conform to the general rules
      of pleading given in order VI as well as the special rules with regard to the
      written statements in Order VIII. All admissions and denials of facts
      should be specific and precise and not evasive or ambiguous. When
      allegations of fraud, etc., are set up, the particulars should be fully
      given. When any legal provision is relied on, not only the provision of law
      relied upon should be mentioned, but also the facts making it applicable
      should be stated. For instance when a plea of res judicata is raised,
      not only the provision of law (e.g., section 11 of the Civil Procedure Code)
      shouldbe mentioned, but also the particulars of the previous suit which is
      alleged to bar the suit.

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