Order 8 MCQ Quiz in मराठी - Objective Question with Answer for Order 8 - मोफत PDF डाउनलोड करा

The correct option is Option 4.

Key Points

• Counterclaim:-
  • It is described in Order VIII Rule 6(A) to 6(G) of the CPC.
  • The 27th Law Commission Report of 1964 recommended setting up a right to file a counterclaim in the civil procedure a right for the defendant.
  • As an aftermath of the recommendation, the CPC (Amendment) Act, 1976 added rules 6(B) to 6(G) to the existing act.
• Concept of Counterclaim:
  • It is a claim which is independent in nature or can be separated from the claim of the plaintiff.
  • When the cause of action arises against the plaintiff the defendant gets the right to submit that claim along with the written statement.
  • It is considered a plaint by the defendant against the claim of the plaintiff and is dealt with in the same manner as a plaint.
  • Furthermore, the plaintiff has an opportunity to file a written statement against the plaint consisting of the counterclaim.
  • The Supreme Court held the right to file a counterclaim a statutory right, in Laxmidas v. Nanabhai (1964).
  • The Delhi HC in the case of Gas-tech Process Engineering Pvt. Ltd. v. Saipem (2009) deciphered it as a weapon in the hand of the defendant.

The correct option is Option 1.

Key Points

• Counterclaim:-
  • It is described in Order VIII Rule 6(A) to 6(G) of the CPC.
  • It is a claim which is independent in nature or can be separated from the claim of the plaintiff.
  • When the cause of action arises against the plaintiff the defendant gets the right to submit that claim along with the written statement.
  • In the context of the Civil Procedure Code (CPC), a counterclaim is a legal claim brought by the defendant against the plaintiff within the same proceedings initiated by the plaintiff's original claim.
  • It represents an opportunity for the defendant to assert their own claim for relief against the plaintiff. However, not all stages of the legal process allow for the filing of a counterclaim.
  • Specifically, at the appellate stage, filing a counterclaim is generally not permissible.
  • The appellate stage in the legal process is concerned with reviewing the decisions made by a lower court to determine if there were any legal errors that could have affected the outcome of the case.
  • It is not a stage at which the facts of the case are re-examined or new evidence is typically introduced. Consequently, the appellate courts primarily address issues of law based on the record established in the trial court.

Additional Information

• Essentials of Filing Counterclaim:
  • It must be filed by the defendant.
  • It must for an independent or a claim that is separable in nature.
  • It must be filed against the plaintiff.
  • It can be filed against co-defendants in some scenarios.
  • It must be in respect of any incident that happened before or after the filing of the suit.
  • It cannot be filed at the appellate stage before the appellate authority.

The correct option is Option 2.

Key Points

• Ex-Parte Decree:-
  • It is an exception to the general rule that an adjudication shall be pronounced in the presence of both parties.
  • It is a decree in absentia.
  • It is pronounced if on the date of the hearing the plaintiff is present, and the defendant is absent.
• Ex-Parte Decree Passed:
  • CPC provides for the passing of an Ex Parte Decree wherever the presence of the defendant is required under the code and the defendant fails to appear.
  • Following are the instances where the court can pass an Ex Parte Decree:
    • Order 8, Rule 10-
      • Rule 1 of Order 8 of CPC states that the defendant shall submit its written statement within 30 days from the date of service of summons.
      • This period of 30 days can be extended by the court to not more than 90 days from the date of service of summons.
      • If the defendant fails to submit the written statement in such period, then the Court, under Rule 10 of Order 8, has the discretion to pass an Ex-Parte Decree.
    • Order 9, Rule 6-
      • This rule provides that the Court may proceed to try the case Ex-Parte, and pass an Ex Parte Decree in the same if:
        • On the day fixed in the summons for the defendant to appear and answer, the plaintiff appears, and the defendant does not appear.
        • It is proved that the summons was duly served in sufficient time to enable the defendant to appear and answer.

The correct answer is option 2.Key Points

• Set-off:
  • Provision: Order 8 rule 6 of C.P.C. 1908 deals with Set off.
  • Nature: Set-off is a statutory defense available to a defendant in response to the plaintiff's claim. It enables the defendant to seek the adjustment or reduction of the plaintiff's claim by asserting a counter-demand against the plaintiff.
  • Timing: The claim that the defendant seeks to set off against the plaintiff's demand must be recoverable at the time of filing the written statement. In other words, the right to set-off must exist at the date of the filing of the suit.
  • Limitations: The amount claimed as set-off cannot exceed the pecuniary jurisdiction of the court hearing the case. This means that the set-off claim must fall within the monetary limits of the court's jurisdiction.
• Counter-claim:
  • Provision: Order 8 rule 6A-6G deals with counter claim.
  • Nature: A counter-claim is a cross-action initiated by the defendant against the plaintiff. Unlike set-off, a counter-claim is not merely a defense but an independent cause of action by the defendant against the plaintiff.
  • Timing: The counter-claim must be contained within the defendant's written statement. The claim asserted through the counter-claim must be recoverable at the time of filing the written statement, not necessarily at the time of filing the original suit.
  • Limitations: Similar to set-off, the amount claimed in a counter-claim cannot exceed the pecuniary jurisdiction of the court hearing the case. The counter-claim must fall within the monetary limits prescribed by the court's jurisdiction.

The correct option is I and III.

Key Points

• Meaning :
  • Pleading is defined as a 'Plaint' or the 'Written Statement'.
  • According to Mogha, "Pleading are statements in writing drawn up filled up by each party to a case, stating what his contentions will be at the trial and giving all such details as his opponents need to know to prepare his case in answer.”
  • Order 6 of CPC deals with Pleadings
  The Objective of Pleading :
  • The complete objective behind every pleading is to close down on the issues and provide clear facts of the case to enhance and expedite the court proceedings.
  • The pleadings help parties (both) know their dispute points and where parties (both) differ to bring forth the relevant arguments and evidence in the court.
  Importance :
  • Provide a guide for proper trial.
  • Demonstrates upon which the burden of proof lies.
  • Determines the range of admissible evidence.
  • Lay down the limit of relief that can be granted.
  Basic Rules of Pleading :
  Four rules of documenting a pleading are: 
  1. Pleadings state the facts of the case and not the legal provisions that follow in the case.
  2. Pleadings must contain only material facts.
  3. Pleadings should contain the relevant facts on which any of the parties rely but they should not describe the evidence by which the fact is proposed to be proved.
  4. Pleadings must contain concise facts that explain the details of the case in short.
  CASE LAWS :
  1. In Kedar Lal v. Hari Lal, AIR 1952 SC 47 the apex court held that the parties to a civil suit are obliged only to state the facts and situations that happened and on which they rely in the pleadings and to apply the law a duty of the judiciary. It means that the parties should state what their claims are and why they should be granted to them.
  2. However, the rule was expanded a little in Union of India v. Sita Ram Jaiswal (1976)4 SSC 505 wherein the Apex Court held that if there is a point of law which is a dispute or which has become part of the dispute, the point of law must be explained in the pleadings with necessary reference to relevant and vital facts of the case.

The correct option is 90.

Key Points

• Meaning of Written Statement 
  • The written statement is a reply filed by the defendant on a plaint filed by a plaintiff.
• 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.
  • WHO FILES WRITTEN STATEMENT?
    1. The defendant himself.
    2. Power of Attorney holder on behalf of 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.
  • Order 8 Rule 1 provides 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.

The correct option is Both I and II.

Key Points

• Counter-claim:
  • Counter-claim is dealt with under Order VIII Rules 6-A to 6-G of the Code of Civil Procedure 1908.
  • It is a claim which is separate and independent from that of the plaintiff.
  • It is also cross-claim but does not necessarily arise out of the same cause of action contained in the plaint.
  • Unlike set-off, a counter-claim need not be mandatorily related to the recovery of money.
  • It could be regarding any civil disputes.
  • The characteristics of counter-claim are as follows:
    • Counter-claim also should accompany a written statement. If it is not filed along with the written statement, the court usually does not allow the defendant to file the counter-claim at a later stage in the suit, if he intends to prolong the proceedings of the suit. Nonetheless, the counter-claim can always be filed as subsequent pleading under Rule 9 of the same Order.
    • Counter-claim was brought into existence to avoid multiplicity of proceedings and thereby save a lot of the court’s valuable time. Example: A files a suit against B and B also wants to file a suit against A for a completely different subject matter. Instead of filing a separate suit, B makes a counter-claim against A. Here, a lot of time is being saved since the counter-claim proceedings are being carried on by the original suit proceedings.
    • The counter-claim is treated on par with the plaint and the plaintiff should file a written statement in response to the counter-claim. The court can pronounce final judgment both on the original claim and the counter-claim.
    • For the defendant, the counter-claim can be filed by the defendant against the plaintiff. In some instances, he can claim from co-defendants along with the plaintiffs. But a counter-claim solely to claim from the co-defendants is not entertained by the courts.
    • The counter-claim should be filed only when the subject matter is not barred by the Limitation Act.
• Earlier, set-offs supposed to be filed for only money suits. 
• But an amendment to CPC in 1976 has covered the concept of counter-claim under Order VIII Rules 6-A to 6-G including other civil natured claims against the plaintiff and also to save the time by reducing suits between the same parties.
• Set-off can be used for recovering money in suits related to money and counter-claim can be used for any civil natured claims.
• Both have to be filed along with the written statement and both have to be filed by the defendant against the plaintiff. 
• These two concepts are so similar in nature that they tend to reduce the burden of filing a fresh suit against the plaintiff about their claims.

The correct answer is Option 1.

Key Points Order 8, Rule 6 CPC
Particulars of set-off to be given in written statement.
(1) Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff’s demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff’s suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the Court, presents a written statement containing the particulars of the debt sought to be set-off.

(2) Effect of set-off- The written statement shall have the same effect as a plaint in a cross-suit so as to enable the Court to pronounce a final judgment in respect both of the original claim and of the set-off : but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to him under the decree.

(3) The rules relating to a written statement by a defendant apply to a written statement in answer to a claim of set-off

This question based on Illustration (h) of Order 8, Rule 6 CPC

• (h) A owes the partnership firm of B and C Rs. 1,000 B dies, leaving C surviving. A sues C for a debt of Rs. 1,500 due in his separate character. C may set-off the debt of Rs. 1,000.

The correct answer is Option 3.

Key Points Defences in written statement:
In written statement defendant can specially deny the allegations made in the plaint by the plainti against him. Besides this, he also can claim to set-o any sums of money payable by the plainti to him as a counter defence (Order 8 Rule 6). Further, if the defendant has any claim against the plainti relating to any matter in the issue raised in the plaint, then he can separately le a counter-claim along with his written statement. It is provided in Order 8 Rule 6A to 6G of the code.

Order VIII, the major differences between the two can be summarized as follows:

• Set off is available as a form of statutory defence in a case, whereas counter claim in essence is similar to a cross suit founded upon a cause of action accruing based on the same facts or otherwise. The counterclaim can also be said to be weapon of offence 
• The legal requirement for a claim of set off is strict and includes only claim for an ascertained amount of money which must arise from the same transaction in a money suit; whereas the same is not the case in a counterclaim and it doesn’t necessarily have to be based on the same transaction.
• The claim of set off must be an ascertained sum which must be recoverable legally at the date of the filing of the suit, whereas in a counterclaim the same should be recoverable at the date of the written statement.