O.5 R.1 CPC

i ll risk a judgment on it. maybe i ll learn more from subsequent responses.

the way claim 1 is worded it seems that 2 conditions should be met. One is appearance and other is answering. the use of AND here makes it mandatory for both conditions to be followed.

However, in real world i am guessing the court has the discretion to allow a person to answer orally or in writing through his advocate. Is this correct? Please guide

The summons will be issued to Defendant  to appear , to answer the  suit claim and to file  written statement .  The defendant can  appear & admits the  suit claim orally  and the same can  be recorded by the Court  !

The query needs to be answered taking into consideration the basic principle of interpretation that all the provisions are interpreted in a harmonious manner so that no provision is rendered nugatory. Firstly, the rule (1) specified "appear and answer the claim " and thereafter refers "to file the written statement of his defence". In otherwords, on appearance, if the defendant conceds the claim of the plaintiff, then O. XII, Rule (6) would come into play and the Court would be pleased to pronounce judgement on admission. Rule (6) of O. XII states "admissions of facts made either in pleading or otherwise, whether orally or in writing." Therefore,  if the defendant admits the claim then on his appearance and admission, though,orally, the Presiding Officer would be justified in disposing such part of claim as has been admitted by the defendant. Hence, oral admission in my view is permissible. Now as far as the term claim is concerned, accordig to the Black's law dictionary it means "to deman as one's own or as one's right; to assert; to urge; to insists..". Thus whaterver rights are claimed by the plaintiff vis-a-vis defendant would be considered to be the claim and may perhaps also include allegations against the defendant. .

Rajan Joshi  explained very good  I go with him

The summons will be issued to Defendant/ Respondent and can appear and admits the  suit claim orally  and the statement be recorded by the Court..

Thanks for the convincing responses. Now continuing with the query.

Maharashtra amendment to O.8 R.1 states that the defendant may file the written statement if required by the Court within such time as may be specified in that behalf by the Court or within such extended time as the Court may permit.

Do I therefore understand that, despite the Defendant appearing and not admitting to the Claims of the Plaintiff, he is not required to file the written statement until the Court requires him to file the written statement?

In oral examination regardign the suit  claim  the defendant may deny the same  and then  the suit shall be posted for further proceedigns - a Writtne Reply /pleadigns/WS  of the Defednant shall be put on record - the case will be adjourned or time will be given for filign written statemnt !   when the claim  is deneid it shall be put on record by pleadigns/WS ,  otherwise - it may be treated as no reply - no reply  may be treated as admission ! so therefore it si for the Defednant to file  WS - though not required by the Court - Court will give reasonable time  for Defendnat's   Written repl;y /SW / Pleadings !

Sir,

My point is Maharashtra amendment of O8 R1 says that the defendant may file written statement if rquired by the Court. Therefore if summons is issued for final disposal, or if summons is issued not rquiring the defendant to file written statement, Can the defendant take the plea that he has not filed WS because the Court did not rquire him to file WS as mandated in O8 R1?