Amendment of Order VIII

In the First Schedule, in Order VIII,- (i) for rule 1 (as substituted by clause (i) of section 18 of the Code of Civil Procedure (Amendment) Act, 1999] , the following rule shall be substituted, namely:-

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.” (ii) in rule 1 A (as inserted by clause (ii) of section 18 of the Code of Civil Procedure (Amendment) Act, 1999), for sub-rule (3) , the following sub-rule shall be substituted, namely:- “(3) a document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit”; (iii) for rule 9 and 10 (as they stood immediately before their omission by clause (iii) of section 18 of the Code of Civil Procedure (Amendment) Act, 1999] , the following rules shall be substituted, namely:-

Subsequent pleadings. “9. No pleading subsequent to the written statement of a defendant other than by way of defence to set - off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or additional written statement from any of the parties cut and fix a time of not more than thirty days for presenting the same.

Procedure when party fails to present written statement called for by Court. 10. Where any party from whom a written statement is required under rule 1 or rule 9 of fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up.”