ARTICLE · 08 FEBRUARY 2024

Simplifying The Commercial Courts Act, 2015: IV. Defence To A Civil Suit

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The Order IV: Institution of Suits of the Code of Civil Procedure, 1908 (hereinafter CPC) specifies that a suit shall be instituted by presentation of Plaint.

IndiaLitigation, Mediation & Arbitration

Roopali Chaturvedi

Akansha Srivastava

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The Order IV: Institution of Suits of the Code of Civil Procedure, 1908 (hereinafter CPC) specifies that a suit shall be instituted by presentation of Plaint.

The Order VI Rule 1 of the CPC¹ stipulates that pleading shall mean Plaint or Written Statement.

The significance of a Written Statement filed by the Defendant is very well understood. A Suit becomes meaningful when it is contested on the basis of a well drafted Written Statement.

The Commercial Court Act has added by way of amendment Rule 3A in Order VI, which is reproduced below:

"Order VI:

3A. Form of pleading in Commercial Courts – In a commercial dispute, where forms of pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes of such commercial disputes, pleadings shall be in such forms."

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Simplifying The Commercial Courts Act, 2015: IV. Defence To A Civil Suit

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