Library/CPC/Section O8R6G
Section O8R6GProcedural

Rules relating to written statement to apply

Full Text

The rules relating to a written statement by a defendant shall apply to a written statement filed in answer to a counter-claim.

Plain English Summary

Clarifies that all statutory rules governing written statements—including 30-day timelines, specific denials, and verification—apply mutatis mutandis to the plaintiff's reply to a counter-claim.

Key Legal Elements

  • Mutatis Mutandis Application: Applies Order VIII Rules 1 to 5 to plaintiff's reply.
  • Specific Denials Required: Plaintiff must specifically traverse every factual allegation in counter-claim.
  • Doctrine of Non-Traverse: Failure to specifically deny counter-claim averments constitutes deemed admission.

Practical Note

Trap for Plaintiffs: Many plaintiffs treat a counter-claim casually, filing a one-page replication. Under Rule 6G, the plaintiff MUST file a full-fledged written statement with specific denials, failing which the counter-claim is deemed admitted under Rule 5!

हिंदी पाठ

प्रतिवादी द्वारा लिखित कथन से संबंधित नियम प्रतिदावे के उत्तर में दाखिल किए गए लिखित कथन को लागू होंगे।