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The Code of Civil Procedure, 1908: page 105

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 105, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     (2) Original entry to be marked and returned.—The Court or such officer as it appoints in this behalf, shall
forthwith mark the document for the purpose of identification; and, after examining and comparing the copy with
the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be
filed.
    18. [Inadmissibility of document not produced when plaint filed.] omitted by Act 22 of 2002, s. 8
(w. e. f. 1-7-2002).
                                                          ORDER VIII
                                    1
                                     [Written statement, set-off and counter-claim]
     2
   [1. Written Statement.—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.]
     *[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
                                                                                  e
                                                                          od
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.]
                                                                   aC
                                                    STATE AMENDMENTS

   Jammu and Kashmir and Ladakh (UTs). —
                                                              di
                                                        In
   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)].
     3
     [1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by
him.—(1) Where the defendant bases his defence upon a document or relies upon any document in his
possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such
document in a list, and shall produce it in Court when the written statement is presented by him and shall, at
the same time, deliver the document and a copy thereof, to be filed with the written statement.
    (2) Where any such document is not in the possession or power of the defendant, he shall, wherever
possible, state in whose possession or power it is.




1. Subs. by Act 104 of 1976, s. 58, for the former heading (w.e.f. 1 -2-1977).
2. Subs. by Act 22 of 2002, s. 9, for rule 1 (w.e.f. 1-7-2002).
3. Ins. by Act 46 of 1999, s.18 (w.e.f. 1 -7-2002).
* 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).

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