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Once the defendant appears in court, he can admit the claim and honour the suit claim.

In such a case, the suit is dismissed as its purpose is served. If the defendant appears and denies the suit claim, he is granted reasonable time to engage advocate and conduct the case by way of filing written statement.

The rules relating to written statements are provided by Order 8 of CPC.

The pleas of set-off and counter claim are covered by Order 8 CPC. The broad distinction between set off and counter-claim was already stated with reference to CPC and A.P.

Court Fees and Suits valuation Act. It may be recalled that the plea of set off can be claimed only if the suit claim was a money claim and the set off was for amount not more than suit amount.

On the other hand if the claim by defendant is different from plaintiffs claim or where the defendant’s claim is more than plaintiffs claim, the claim is counter claim.

For the purpose of limitation the date of set-off is the date of the suit while the date of counter claim is the date on which it is made.

Thus, if A files suit against B for Rs. 20,000/- on the basis of a debt, B can make a counter claim for Rs. 30,000/- or less than Rs. 20,000/- by denying his liability and by making his own claim, B can seek for set-off for Rs. 20,000/- or less on the basis of B’s claim.

It is necessary to admit the suit claim for making a set-off while the suit claim can be denied for the defence of counter claim. Order 8 prescribes that the plea of set-off and counter claim shall be made specifically through written statements.

Further Order 8 Rule 2 to 5 CPC envisages that every fact newly pleaded in the written statement must be pleaded specifically, by way of pleadings regarding new facts, denials. Evasive claims of set-off and counter claim shall not be taken note of.

However, Order 8 Rule 8 CPC provides that if any ground arose after the written statement, the defendant can file written statement, setting forth such additional grounds of attack on plaintiffs claim.

The defendant has to file written statement within thirty days from the date of the service of summons on him. If Court may for reasons to be recorded in writing give further time, which shall not in any case exceed 90 days from the date of service of summons on the defendant.

The defendant has also to file alongwith the written statement all the documents and copies of the same relied upon by him in support of his defence which are in his possession alongwith a list of the said documents. If any of the said documents are not in his possession the defendant should state in whose possession or controlled the documents are.

Any document not filed alongwith written statement shall not except with the leave of the Court be received in evidence at the hearing of the suit. Where only copies of documents are filed alongwith written statement, their originals have to be filed before the settlement of issues. Vide Order XIII, Rule 1 as amended by Act 46 of 1999.

Finally, sometimes, the plaintiff files reply to written statement called rejoinders. There is indeed no provision of law empowering the plaintiff to replicate defence, as a matter of right except when the written statement contained set-off or counter claim.

However, in practice, usually court grants permission even on oral application, to file reply to written statements by way of rejoinder.