Scribd
Upload
19 views2 pages

CPC

The document discusses key provisions of Order 8 of the Code of Civil Procedure, 1908 related to written statements, set-off, and counterclaims. It distinguishes between set-off and counterclaims, providing examples of each from case laws. Important cases like Mafatlal Industries Ltd. vs. Union of India and State of Karnataka vs. All India Manufacturers Organisation are also highlighted.

Uploaded by

ridhi rajani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
19 views2 pages

CPC

The document discusses key provisions of Order 8 of the Code of Civil Procedure, 1908 related to written statements, set-off, and counterclaims. It distinguishes between set-off and counterclaims, providing examples of each from case laws. Important cases like Mafatlal Industries Ltd. vs. Union of India and State of Karnataka vs. All India Manufacturers Organisation are also highlighted.

Uploaded by

ridhi rajani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

kartikey: Good afternoon, everyone.

Today, we delve into the intricacies of Order 8 of the Code of


Civil Procedure, 1908, focusing on written statements, set-off, and counterclaims. Let's begin by
understanding the key provisions and differences between set-off and counterclaim.

shreshth: Order 8 outlines the procedure for a defendant to respond to a plaintiff's suit through a
written statement. It mandates that the defendant should admit or deny each material allegation
made in the plaintiff's plaint.

ridhi: That's right. If the defendant fails to specifically deny any material allegation, it's deemed as
admitted, which underscores the importance of a well-crafted written statement.

kartikey: Now, let's distinguish between set-off and counterclaim. Set-off is a legal mechanism that
allows the defendant to counterbalance the plaintiff's claim with a claim of their own against the
plaintiff.

nuhi: Importantly, the claim for set-off must arise from the same transaction and be in the nature of
a debt, either monetary or something quantifiable.

nuhi: For instance, in the case of Ramesh vs. Suresh (2010), Ramesh sued Suresh for a sum of money.
Suresh, in his defense, claimed that Ramesh owed him an equal amount for a separate transaction.
This is a classic example of set-off.

ridhi: Now, let's discuss counterclaims. A counterclaim is essentially a separate suit by the defendant
against the plaintiff, and it can be based on any cause of action the defendant has against the
plaintiff.

shreshth: It's crucial to note that a counterclaim need not arise from the same transaction as the
plaintiff's claim.

shreshth: Imagine a scenario where Alice sues Bob for property damage caused by a car accident. In
his counterclaim, Bob asserts that Alice owes him money for unpaid rent on a separate property. This
is an illustration of a counterclaim.

kartikey: A significant case related to counterclaims is Mafatlal Industries Ltd. vs. Union of India
(1996), where the Supreme Court emphasized that a counterclaim should be treated as a cross-suit
and must meet all the requirements of a regular suit.
Ridhi : And in the case of State of Karnataka vs. All India Manufacturers Organisation (2006), the
Supreme Court highlighted that a set-off claim must be based on a pre-existing debt or claim, and the
parties must be mutually indebted to each other.

nuhi: In conclusion, a well-drafted written statement, a clear understanding of set-off and


counterclaims, and the relevant case laws are indispensable in civil litigation.

Shreshth : Absolutely. These provisions play a pivotal role in ensuring justice is served effectively in
civil cases.

You might also like