What is the order 8?
(1) Where a defendant bases his defence upon a document in his possession or power, he shall produce it in Court when the written statement is presented by him and shall, at the same time, deliver the document or a copy thereof, to be filed with the written statement.
How do you write a statement of defense?
You can also assert a legal defense. Follow paragraph by paragraph the statement of claim and make sure to answer each point. Write a short sentence in response to each paragraph. Show how your actions were not in violation of the law.
What is the meaning of new facts must be specially pleaded?
New facts must be specially pleaded. The effect of the rule is, for reasons of practice and justice and convenience, to require the party to tell his opponent what he is coming to the Court to prove. If he does not do that, the Court will deal with it in one of two ways.
What is written statement in CPC Pakistan?
Written statement means statements of defence in writing and filed by the defendant, in which he deals with every material fact alleged by the plaintiff in the plaint.
What makes a good statement of claim?
– The Statement of claim should start by identifying the parties to the dispute and their relationship to each other. – Include any relevant background facts. – Explain how and in what way the defendant has wronged you according to law. This is the legal basis for your claim.
What is order 8 rule1?
Order VIII Rule 1 of Code of Civil Procedure provides that 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 …
What is the time limitation for written statement?
Clearly, therefore, the provision of Order VIII Rule 1 providing for upper limit of 90 days to file written statement is directory. Having said so, we wish to make it clear that the order extending time to file written statement cannot be made in routine. The time can be extended only in exceptionally hard cases.
Who can serve a statement of claim?
1. Who Do I Serve a Statement of Claim to? You serve the person or company named as the defendant in the statement of claim.
What happens after statement of claim?
Once a statement of claim is filed in the Court of Queen’s Bench, the plaintiff has 6 months to serve it on the defendant. The defendant is then required to file its statement of defence within 20 days of being served with the statement of claim.
What is interlocutory order?
The term “interlocutory order” is a term that has no lack of well-known legal significance and appears to present no complex difficulty. It has been used in various statutes including the Code of Civil Procedure, Letters Patent of the High Courts and other like statutes.
Can written statement be filed after 120 days?
Beyond 120 days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written statement to be taken on record. It further held that the court has no further power to extend the time beyond this period of 120 days.
Can a court order be challenged?
The Supreme Court observed that legality of a main order passed by the High court cannot be examined in an appeal filed only against the order passed in review petition. In this case, the High court has dismissed the writ petitions filed by one Asharfi Devi challenged the ceiling proceedings against her.