Order VIII Rule 1 CPC: Written Statement

Order VIII Rule 1: Written Statement

¹[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.]

²[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 written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty 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.]

State Amendments (as printed in the official text)

Jammu and Kashmir and Ladakh (UTs). —

In Rule 1, for the proviso thereto, substitute the following proviso, namely,-

Provided that where the defendant fails to file the written statement with the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty 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.

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].

Footnotes in the official text

1.Subs. by Act 22 of 2002, s. 9, for rule 1 (w.e.f. 1-7-2002).
2.Subs. by Act 4 of 2016, s. 16 and Sch., for the Proviso, Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).

Questions on this rule

5 questions in 25 of our papers cite Order VIII Rule 1. Try these from the free papers:

1. Consider the following statements on the time limit for filing a written statement under Order VIII Rule 1 CPC: 1. In Kailash v. Nanhku (2005), the Supreme Court held that the time limit in Order VIII Rule 1 is directory, so that in exceptional cases a written statement may be received even after ninety days. 2. In SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. (2019), the Supreme Court held that in a commercial suit a written statement cannot be taken on record after one hundred and twenty days from service of summons. 3. In a commercial suit, the Court may extend the period of one hundred and twenty days where sufficient cause for the delay is shown. Which of the statements given above are correct?
2. Under Order VIII Rule 1 CPC, as it applies to suits other than commercial disputes, the defendant must present his written statement within thirty days from the date of service of summons. Under its proviso, the Court may, for reasons recorded in writing, allow it to be filed later, but not later than:
3. In A.K. Ghosh & Company v. Biman Bose, decided on 13 July 2026, the Supreme Court considered the time within which a plaintiff in a commercial suit must file a written statement to the defendant's counter-claim. It held that: