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।