Order VIII of the Code of Civil Procedure, 1908 governs the procedure related to the written statement, which is the defendant’s reply to the plaintiff’s plaint. It outlines the time limit for filing the written statement, rules regarding specific denials, and consequences of non-compliance.
The Order also includes provisions for set-off and counterclaims, allowing the defendant to raise a claim against the plaintiff within the same suit. Order VIII ensures that the defendant clearly states their defense, aiding the court in identifying the issues in dispute for effective adjudication.
1. What is the primary focus of Order VIII of the CPC?
A. Framing of issues
B. Filing of written statements, set-off, and counterclaims
C. Execution of decrees
D. Institution of suits
Answer: B. Filing of written statements, set-off, and counterclaims
2. What is the time limit for filing a written statement under Order VIII Rule 1?
A. 15 days from the service of summons
B. 30 days from the service of summons, extendable up to 90 days with the court’s permission
C. 90 days from the date of institution of the suit
D. No specific time limit is prescribed
Answer: B. 30 days from the service of summons, extendable up to 90 days with the court’s permission
3. Under Order VIII Rule 3, how should a defendant respond to the allegations in the plaint?
A. By providing detailed evidence in the written statement
B. By generally denying all allegations without specifics
C. By specifically denying each material fact that is disputed
D. By stating legal grounds of objection only
Answer: C. By specifically denying each material fact that is disputed
4. What is the consequence if the defendant does not deny the material allegations in the plaint as per Order VIII Rule 5?
A. The allegations are deemed admitted
B. The suit is automatically decreed in favor of the plaintiff
C. The court rejects the plaint
D. The defendant is allowed additional time to file a revised statement
Answer: A. The allegations are deemed admitted
5. Under Order VIII Rule 6, when can a defendant raise a claim of set-off?
A. When the defendant has a separate cause of action unrelated to the plaintiff’s claim
B. When the claim arises out of the same transaction and is legally recoverable
C. When the claim is less than the plaintiff’s demand
D. When the defendant has filed no written statement
Answer: B. When the claim arises out of the same transaction and is legally recoverable
6. Under Order VIII Rule 6A, what is a counterclaim?
A. A statement of defense denying the allegations in the plaint
B. A claim made by the defendant against the plaintiff in addition to the defense
C. A claim made by the plaintiff in response to the written statement
D. A demand for costs incurred during litigation
Answer: B. A claim made by the defendant against the plaintiff in addition to the defense
7. Can a counterclaim under Order VIII Rule 6A be filed after the written statement?
A. No, it must be filed simultaneously with the written statement
B. Yes, but only with the court’s permission
C. Yes, at any stage of the suit before the court passes the final decree
D. No, it must be raised during the trial stage only
Answer: C. Yes, at any stage of the suit before the court passes the final decree
8. Under Order VIII Rule 9, when can a subsequent pleading (other than a written statement) be filed?
A. Only if required to address a procedural error
B. Only with the leave of the court
C. Only if the plaintiff agrees
D. Subsequent pleadings are not allowed under any circumstances
Answer: B. Only with the leave of the court
9. If a defendant’s written statement includes a counterclaim, how does the court treat it as per Order VIII Rule 6A?
A. As a separate suit
B. As part of the written statement and defense
C. As a supplemental plaint
D. As irrelevant unless the plaintiff consents
Answer: A. As a separate suit
10. What is the impact of a defendant failing to file a written statement within the prescribed time under Order VIII Rule 1?
A. The defendant is barred from defending the suit
B. The court may pronounce judgment against the defendant or proceed ex parte
C. The plaintiff automatically wins the case
D. The defendant must pay a penalty to the court
Answer: B. The court may pronounce judgment against the defendant or proceed ex parte