Written Statement Under Order VIII CPC: Drafting Essentials
The written statement under Order VIII CPC is where the defence is set out. Loose drafting can cause deemed admissions that bind the defendant for the rest of the suit.
The rule of specific denial
- Every undenied allegation of fact is taken as admitted
- Vague or evasive denial = no denial — deny each material allegation pointedly
- Where a fact is not within knowledge, say so expressly
Set-off and counterclaim
- Set-off — adjust an ascertained sum legally recoverable from the plaintiff
- Counterclaim — a cross-claim adjudicated within the same suit
- Both must be specifically pleaded with particulars and applicable court fees