Order 8 MCQ Quiz - Objective Question with Answer for Order 8 - Download Free PDF

The correct answer Order VIII

Key Points

• Order VIII of the Civil Procedure Code, 1908 deals with the written statement, set-off, and counter-claims by the defendant in a civil suit.
• It gives the defendant an opportunity to respond to the plaint and also to:
• Claim a set-off: When the defendant claims that the plaintiff owes him a debt which can be adjusted against the claim.
• Make a counter-claim: Where the defendant brings a separate claim against the plaintiff in the same proceeding, effectively turning it into a cross-suit.
• Rules 6 to 6G of Order VIII specifically cover set-off and counter-claim provisions.

 Additional Information

• Option 1. Order VI – Incorrect: It deals with pleadings in general, not with set-off or counter-claims.
• Option 3. Order VII – Incorrect: It relates to the plaint (i.e., the statement of claim by the plaintiff), not the defence or counter-claims.
• Option 4. Order IX – Incorrect: This covers appearance of parties and consequences of non-appearance, not set-off or counter-claims.

The correct answer is 

Key Points Counterclaim under CPC

• The concept of a counterclaim is embodied in Order VIII Rules 6A to 6G of the Code of Civil Procedure (CPC). Following the 27th Law Commission Report (1964), which recommended the statutory recognition of a defendant’s right to file a counterclaim, the CPC (Amendment) Act, 1976 introduced Rules 6B to 6G to strengthen this provision.
• A counterclaim is essentially an independent or separable claim made by the defendant against the plaintiff. It arises when the defendant has a cause of action against the plaintiff, allowing them to raise it in the written statement. The counterclaim is treated as a plaint and is adjudicated in the same manner.
• In response, the plaintiff may also file a written statement to the counterclaim.

The primary objectives of allowing a counterclaim are:

• to avoid multiplicity of suits,
• reduce litigation time,
• make proceedings more efficient, and
• ensure speedy trials.

A counterclaim can be filed at three stages:

• before or after filing the suit,
• before the defendant has delivered their defence, or
• before the expiry of the time allowed to deliver such defence.

Modes of filing a counterclaim include:

• amending the written statement with the court’s permission, or
• including it in subsequent pleadings under Order VIII Rule 9.

To be valid, a counterclaim must be:

(1) filed by the defendant;

(2) based on an independent or separable cause of action;

(3) directed primarily against the plaintiff, though in some cases it may include co-defendants; and

(4) related to events occurring before or after the suit was filed. Importantly, a counterclaim cannot be initiated at the appellate stage.

Distinction between Counterclaim and Set-Off:

• While Order VIII Rule 6A gives a counterclaim the same effect as a cross-suit, allowing the court to pronounce a final judgment on both original and counter claims, a set-off under CPC is applicable only for monetary claims based on mutual debt and is limited to the same transaction.
• Set-off is further categorized into legal set-off and equitable set-off, whereas no such classification exists for counterclaims.

The correct answer is 'Counter claim may be proceeded with'

Key Points

• Counterclaim in a dismissed suit:
  • A counterclaim is a claim made by the defendant in response to the plaintiff’s suit, which is treated as a separate and independent proceeding.
  • When a plaintiff's suit is dismissed for default (e.g., due to non-appearance or other reasons), the counterclaim raised by the defendant does not automatically get dismissed.
  • Under procedural law, particularly the Code of Civil Procedure (CPC) in India, a counterclaim is treated as a separate suit and can be independently adjudicated upon, even if the original suit by the plaintiff is dismissed.
  • This ensures that the defendant’s legal rights are not prejudiced merely because the plaintiff fails to pursue their case.

Additional Information

• Explanation of Incorrect Options:
  • Option 1: 'Counter claim also stands dismissed'
    • This is incorrect because a counterclaim, being independent of the original suit, does not automatically stand dismissed if the plaintiff’s suit is dismissed for default.
  • Option 3: 'Counter claim is to be returned for its re-presentation as separate suit'
    • This is not correct because the counterclaim is already treated as an independent suit under procedural law. It does not need to be returned and filed separately.
  • Option 4: 'Counter claim may be proceeded only when suit is restored'
    • While the restoration of the original suit may affect some proceedings, the counterclaim is not contingent on the restoration of the plaintiff’s suit. It can proceed independently.
• Legal Foundation:
  • The principle is derived from the procedural laws governing civil litigation, specifically under the Code of Civil Procedure (CPC), which allows for the counterclaim to be treated as a separate suit.
  • This ensures fairness and protects the defendant’s right to pursue their claim, regardless of the plaintiff’s actions or inactions.

The correct answer is 'At any stage of the proceedings.'

Key Points

• Mandatory injunction and amendment of plaint:
  • A mandatory injunction is a court order compelling a party to perform a specific act. In cases where damages are not initially claimed, the court has the authority to permit the plaintiff to amend the plaint to include such a claim.
  • The provision for allowing amendments to the plaint is governed by Order VI Rule 17 of the Code of Civil Procedure (CPC), 1908, which allows amendments at any stage of the proceedings, provided it is necessary for determining the real controversy between the parties.
  • The court's discretion in permitting amendments is based on principles of justice and ensuring that no party is prejudiced by technicalities or omissions.
• Amendment at any stage:
  • The judiciary recognizes that amendments may be required at different stages of litigation to ensure justice is served.
  • Amendments can be allowed even after the commencement of the trial, provided they do not alter the nature of the suit or cause undue prejudice to the opposing party.

Additional Information

• Analysis of incorrect options:
  • Option 1 (Only before filing the written statement):
    • This is incorrect because the plaintiff can seek amendment not only before the written statement is filed but also at later stages. Limiting amendments to this stage would be overly restrictive and contrary to the principles of justice.
  • Option 2 (Only before commencement of trial):
    • This is also incorrect. While courts prefer amendments before the trial begins to avoid delays, amendments are not strictly limited to this stage. Courts may allow amendments even during or after the trial, as long as it does not cause injustice.
  • Option 4 (Cannot be allowed to amend the plaint):
    • This is incorrect as it contradicts the provisions of Order VI Rule 17 of the CPC, which expressly allows amendments when they are necessary for determining the real issues in the case.
• Judicial Precedents:
  • Indian courts, through various judgments, have upheld that amendments to the plaint should be allowed liberally, provided they do not cause injustice or significantly alter the original nature of the suit.
  • In cases like A.K. Gupta & Sons Ltd. v. Damodar Valley Corporation, the Supreme Court emphasized that procedural laws are meant to facilitate justice, not obstruct it.

The correct answer is 'OPTION 1.'

Key Points

• Order 8, Rule 9:
  • This rule in the Code of Civil Procedure (CPC) deals specifically with subsequent pleadings.
  • Subsequent pleadings refer to any additional pleadings submitted after the initial pleadings, such as a reply to a defense or further statements.
  • According to Order 8, Rule 9, no pleading subsequent to the written statement of a defendant, other than by way of defense to a set-off or counterclaim, shall be presented except by the leave of the court.
  • This ensures the process is controlled and that the court has a say in whether additional pleadings are necessary for the case.

Additional Information

• Order 4, Rule 13:
  • This rule does not pertain to subsequent pleadings but deals with the procedure for the institution of suits in civil courts.
  • It outlines the requirements for registering a suit, including the necessary documentation and fees.
• Order 6, Rule 10:
  • This rule relates to the forms of pleadings and how they should be written, signed, and presented to the court.
  • It does not address subsequent pleadings but focuses on the format and formalities of initial pleadings.
• Order 10, Rule 22:
  • This rule involves the examination of parties by the court, which is a procedural aspect of a trial rather than the filing of subsequent pleadings.
  • It ensures that the court can question parties to clarify matters in dispute, streamlining the process of justice.

The correct option is No fee.

Key Points

• Written Statement:-
  • A plaintiff files his plaint before the competent Court.
  • A plaintiff alleges against the defendant for recovery of a certain amount or property or a right etc.
  • The defendant has to answer it.
  • The answer of the defendant to the plaint is called Written Statement.
  • "Audi alteram partem"-"No man should be condemned unheard" is the principle of natural justice.
  • Both sides must be heard before passing any order or decree.
  • This is the principle lying in the submission of a written statement.
• Rules 1 to 5 and 7 to 10 of Order VIII deal with written statements.
• Particulars of Written Statement:-
  • All the general rules of pleadings explained in Order VI "Pleadings Generally" apply to a written statement.
  • Before submitting his written statement, the defendant must go through the plaint in detail and prepare his written statement very strongly.
  • The plaintiff has the right to produce the evidence oral and documentary before the Court.
  • Similarly, the defendant also has the right to produce the evidence oral and documentary evidence before the Court.
  • The written statement does not require any court fee.

The correct answer is option 2

 Key Points Order 8 Rule 6A makes it clear that counter-claim may be set up "before the defendant has delivered his defence." Hence, statement (ii) is wrong. The other two statements are correct in view of same proviso. Rule 6A. Counter-claim by defendant.(1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired. whether such counter-claim is in the nature of a claim for damages or not:
Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the Court.

(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.

(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the Court.

(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.

The correct  answer is option 3 

Key Points

• Written Statement:-
  • A plaintiff files his plaint before the competent Court.
  • A plaintiff alleges against the defendant for recovery of a certain amount or property or a right etc.
  • The defendant has to answer it.
  • The answer of the defendant to the plaint is called Written Statement.
  • "Audi alteram partem"-"No man should be condemned unheard" is the principle of natural justice.
  • Both sides must be heard before passing any order or decree.
  • This is the principle lying in the submission of a written statement.
• Rules 1 to 5 and 7 to 10 of Order VIII deal with written statements.
• Particulars of Written Statement:-
  • All the general rules of pleadings explained in Order VI "Pleadings Generally" apply to a written statement.
  • Before submitting his written statement, the defendant must go through the plaint in detail and prepare his written statement very strongly.
  • The written statement does not require any court fee.

Additional Information

• Order VIII rule 1 of CPC says Written Statement.—The Defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:
  Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.
• Hence, WS should be filed within 30 days and at max. 90 days from the date of service of summons.

Key Points

• Plaint: The plaint is a written statement of the plaintiff’s claim.
• Through plaint, the plaintiff describes his cause of action and other necessary particulars to seek remedy from the court for redress of his grievances. 
• Before drafting a Pliant/Written Statement especially the following Sections of the Code of Civil Procedure, 1908 (Act No. V of 1908) should be followed:
  • Section 15: Courts in which suits are to be instituted
  • Section 16: Suits to be instituted where subject-matter situate
  • Section 17: for immovable property situated within the jurisdiction of different Courts
  • Section 18: of the institution of the suit where local limits of the jurisdiction of Courts are uncertain
  • Section 19: Suits for compensation for wrongs to person or movables
  • Section 20: Other suits to be instituted where defendants arise or cause of action arises
  • Section 26: Institution of suits
• Before drafting a Pliant/Written Statement, especially the following Orders of the Code of Civil Procedure, 1908 (Act No. V of 1908) should be followed:
  • Order 1: Parties to Suits
  • Order 2: Frame of Suit
  • Order 3: Recognized Agents and Pleaders
  • Order 4: Institution of Suit
  • Order 6: Pleadings Generally
  • Order 7: Plaint

The correct answer is Option 4.

Key Points

• A decree passed ex-parte can be assailed in two ways:
  • Appeal under Section 96 CPC,1908.
  • Application under Oder IX Rule 13 CPC,1908.
• 1. APPEAL UNDER SECTION 96:-
•  An appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court.
• An appeal may lie from an original decree passed ex parte.
• No appeal shall lie from a decree passed by the Court with the consent of parties.
• No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.
• 2. APPLICATION UNDER ORDER IX RULE 13:- 
  • A plaint reading of Order IX Rule 13 makes it apparent that where in a case decree is passed ex parte against defendant, a party may apply to the court for setting aside the same for reasons satisfying the Court regarding non-appearance.

The correct option is Only II.

Key Points

• Set-off:
  • Set-off is related to debts.
  • It is the reciprocal claim made by the defendant.
  • Set-off can be used only under the suit for recovery of money.
  • Example:
    • Suppose, A files a suit against B claiming that the latter is Rs.20,000 due to him. Now, B also has a claim against A that he is Rs.10,000 in debt to the former, i.e., A is Rs.10,000 in debt to B. Here, both are mutually indebted to each other and they both have to pay off the debts due to each other. Instead of filing a fresh suit altogether, B files a set-off claim along with the written statement in response to the plaint filed by A.
  • Set-off is dealt with under Order VIII Rule 6, and it says that such a written statement along with a set-off should be considered by the Court as much as a plant because it too has a subject matter that is in dispute.
  • However, certain conditions have to be met for filing a set-off by the defendant.
    • They are:
      • The suit initiated must be for the recovery of money.
      • So, set-off can be filed only in money suits.
      • The defendant must claim only the amount that he has already lent to the plaintiff.
      • The defendant cannot claim the money he has not already lent.
      • It means the money should be ascertained.
      • The ascertained money should be legally recoverable by the defendant from the plaintiff. It should not be barred by any laws of limitation.
      • The recoverable money by the defendant should be the defendant or defendants if there are many, and in the same way, it should be recovered from the plaintiff or plaintiffs if there are many.
      • The set-off should be filed only in the court which has financial jurisdiction.

The correct option is No fee.

Key Points

• Written Statement:-
  • A plaintiff files his plaint before the competent Court.
  • A plaintiff alleges against the defendant for recovery of a certain amount or property or a right etc.
  • The defendant has to answer it.
  • The answer of the defendant to the plaint is called Written Statement.
  • "Audi alteram partem"-"No man should be condemned unheard" is the principle of natural justice.
  • Both sides must be heard before passing any order or decree.
  • This is the principle lying in the submission of a written statement.
• Rules 1 to 5 and 7 to 10 of Order VIII deal with written statements.
• Particulars of Written Statement:-
  • All the general rules of pleadings explained in Order VI "Pleadings Generally" apply to a written statement.
  • Before submitting his written statement, the defendant must go through the plaint in detail and prepare his written statement very strongly.
  • The plaintiff has the right to produce the evidence oral and documentary before the Court.
  • Similarly, the defendant also has the right to produce the evidence oral and documentary evidence before the Court.
  • The written statement does not require any court fee.

The correct answer is option 3

 Key PointsOrder VIII Rule 5 of CPC states that 

(1) Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as against a person under disability:
Provided that the Court may in it discretion require any fact so admitted to be proved otherwise than by such admission.

The correct option is 30.

Key Points

• Meaning of Written Statement 
  • The Code of Civil Procedure does not explicitly define a 'written statement'.
  • Generally, a written statement is the defendant's defense, presented in writing.
  • It addresses every material fact alleged by the plaintiff in the plaint.
  • The written statement includes objections to the plaintiff's claims and any new facts.
  • Essentially, it is the defendant's pleading, similar to the plaint being the plaintiff's pleading.
  • The relevant provisions for the written statement are found in Order VIII of the Code of Civil Procedure.
  • The written statement must be concise.
  • It should only contain the facts the defendant relies on for their defense.
  • Evidence to prove these facts should not be included in the written statement.
• Example:-
  • The paragraph in the plaint is as follows, the defendant was not giving money to the plaintiff for house expenses and he also used to come late at night. A paragraph in a written statement.
  • There are four possible ways to reply in a written statement.
    • Para 1 of the Plaint is accepted hence no comment.
    • Para 1 of the Plaint is partially accepted that Defendant used to come late at night and Defendant was paying money to the plaintiff.
    • That para 1 of the Plaint is denied in total because the defendant was paying money to the plaintiff and he didn't come late at night
    • If nothing is mentioned about a particular part of the plaint in the written statement, then in such a case the Court will assume that it is accepted by the defendant.
• TIME LIMIT IN WHICH THE WRITTEN STATEMENT MUST BE FILLED?
  • ​30 days from the receipt of the Summons.
  • Extension can be given by the Court but not beyond the 90 days.

The correct answer Order VIII

Key Points

• Order VIII of the Civil Procedure Code, 1908 deals with the written statement, set-off, and counter-claims by the defendant in a civil suit.
• It gives the defendant an opportunity to respond to the plaint and also to:
• Claim a set-off: When the defendant claims that the plaintiff owes him a debt which can be adjusted against the claim.
• Make a counter-claim: Where the defendant brings a separate claim against the plaintiff in the same proceeding, effectively turning it into a cross-suit.
• Rules 6 to 6G of Order VIII specifically cover set-off and counter-claim provisions.

 Additional Information

• Option 1. Order VI – Incorrect: It deals with pleadings in general, not with set-off or counter-claims.
• Option 3. Order VII – Incorrect: It relates to the plaint (i.e., the statement of claim by the plaintiff), not the defence or counter-claims.
• Option 4. Order IX – Incorrect: This covers appearance of parties and consequences of non-appearance, not set-off or counter-claims.