Order 7, rule 1 - Defence
Where a defendant has been served with a summons to appear he shall, unless some other or further order be made by the court, file his defence within fourteen days after he has entered an appearance...
Order 7, rule 2 - Defence of tender
Where in any suit a defence of tender before action is pleaded the defendant shall pay into court, in accordance with Order 27, the amount alleged to have been tendered, and the tender shall not be...
Order 7, rule 3 - Set-off and counterclaim
A defendant in a suit may set-off, or set-up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set-off or counterclaim sound in damages or not, and whether...
Order 7, rule 7 - Pleading a counterclaim
Where any defendant seeks to rely upon any grounds as supporting a right of counterclaim, he shall, in his statement of defence, state specifically that he does so by way of counterclaim.
Order 7, rule 8 - Title of counterclaim
Where a defendant by his defence sets up any counterclaim which raises questions between himself and the plaintiff, together with any other person or persons, he shall add to the title of his defence...
Order 7, rule 9 - Claim against person not party
Where any such person as is mentioned in rule 8 is not a party to the suit, he shall be summoned to appear by being served with a copy of the defence, which shall be served in accordance with the...
Order 7, rule 10 - Appearance by added parties
Any person not already a party to the suit who is served with a defence and counterclaim as aforesaid must appear thereto as if he had been served with a summons to appear in the suit.
Order 7, rule 11 - Reply to counterclaim
Any person named in a defence as a party to a counterclaim thereby made may, unless some other or further order is made by the court, deliver a reply within fifteen days after service upon him of the...
Order 7, rule 12 - Exclusion of counterclaim
Where a defendant sets up a counterclaim, if the plaintiff or any other person named in the manner aforesaid as party to such counterclaim contends that the claim thereby raised ought not to be...
Order 7, rule 14 - Judgment for balance
Where in any suit a set-off or counterclaim is established as a defence against the plaintiff’s claim, the court may, if the balance is in favour of the defendant, give judgment for the defendant for...
Order 7, rule 16 - New ground of defence
(1) Any ground of defence which has arisen after action brought, but before the defendant has delivered his defence and before the time limited for his doing so has expired, may be raised by the...
Order 7, rule 17 - Subsequent pleadings
(1) A plaintiff shall be entitled to file a reply within fourteen days after the defence or the last of the defences has been served on to him, unless the time is extended.
(2) No pleading...
Order 7, rule 18 - Filing subsequent pleadings
(1) Subject to rule 8 all pleadings (including amended pleadings) subsequent to the plaint shall be filed in duplicate.
(2) The court may return the duplicate to an advocate who shall deliver it to...
Order 7, rule 19 - Register of documents
(1) A register of documents shall be kept at every registry in which the following particulars in respect of each such document shall be entered, namely—
(a) the number of the document;
(b) the...
Order 8, rule 3 - Amendment of pleading with leave
(1) Subject to Order 1, rules 9 and 10, Order 24, rules 3, 4, 5 and 6 and the following provisions of this rule, the court may at any stage of the proceedings, on such terms as to costs or otherwise...
Order 8, rule 5 - General power to amend
(1) For the purpose of determining the real question in controversy between the parties, or of correcting any defect or error in any proceedings, the court may either of its own motion or on the...
Order 8, rule 6 - Failure to amend after order
Where the court has made an order giving any party leave to amend, unless that party amends within the period specified or, if no period is specified, within fourteen days, the order shall cease to...
Order 8, rule 7 - Mode of amendment
(1) Every pleading and other documents amended under this Order shall be endorsed with the date of the amendment and either the date of the order allowing the amendment or, if no order has been made,...
Order 9, rule 2 - Recognized agents
The recognized agents of parties by whom such appearances, applications and acts may be made or done are—
(a) subject to approval by the court in any particular suit persons holding
powers of...
Order 9, rule 4 - Agent to accept service
(1) Besides the recognized agents described in rule 2, any person residing within the jurisdiction of the court may be appointed an agent to accept service of process.
(2) Such appointment may be...
Order 9, rule 5 - Change of advocate
A party suing or defending by an advocate shall be at liberty to change his advocate in any cause or matter, without an order for that purpose, but unless and until notice of any change of advocate is...
Order 9, rule 10 - Procedure
An application under rule 9 may be combined with other prayers provided the question of change of advocate or party intending to act in person shall be determined first.
Order 10, rule 3 - Failure to serve
Where a defendant fails to serve either the memorandum of appearance or defence within the prescribed time, the court may on its own motion or on application by the plaintiff, strike out the...
Order 10, rule 6 - Interlocutory judgment
Where the plaint is drawn with a claim for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages, and any defendant fails to appear, the court shall, on...