2[1. 3[(1) The defendant shall, within thirty working days from the date of service of summons upon him, save as provided in the proviso to sub-section (2) of section 80, present a written statement of his defence:
Provided that where the defendant fails, for reasonable grounds, to file the written statement within the said period of thirty working 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 exceed sixty working days from the date of service of summons:
Provided further that if the defendant fails to file the written statement within the said period of sixty working days, the Court shall dispose of the suit ex parte.]
(2) Where the defendant relies upon documents in his possession or power as evidence in support of his defence or claim of set off, he shall produce them in Court when the written statement is presented and shall at the same time deliver the documents to be filed with the written statement.
(3) The Court may return such documents on their being substituted by photostat or true copies attested by the defendant's pleader on the undertaking that they will be produced at the time of hearing or whenever asked for by the Court.
(4) Where the defendant relies on any other documents not in his possession or power in support of his defence or claim of set off, he shall enter such documents in a list to be added or annexed to the written statement and state in whose possession or power they are.
(5) A document which ought to be produced in Court by the defendant when the written statement is presented, or to be entered in the list to be added or annexed to the written statement, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit:
Provided that the Court shall not grant such leave in exceptional circumstances.
(6) Nothing in sub-rule (5) applies to documents produced for cross-examination of the plaintiff's witnesses, or in answer to any case set up by the plaintiff or handed to a witness merely to refresh his memory.]
The defendant must raise by his pleading all matters which show the suit not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing illegality.
It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages.
Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with diverse circumstances, it shall not be sufficient to deny it along with those circumstances.
Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as against a person under disability:
Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than by such admission.
Where the defendant relies upon several distinct grounds of defence or set-off founded upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly.
Any ground of defence which has arisen after the institution of the suit or the presentation of a written statement claiming a set-off may be raised by the defendant or plaintiff, as the case may be, in his written statement.
No pleading subsequent to the written statement of a defendant other than by way of defence to a set-off 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 and fix a time for presenting the same.
Where any party from whom a written statement is so required fails to present the same within the time fixed by the Court, the Court may pronounce judgment against him, or make such order in relation to the suit as it thinks fit.