General Defences

Legal Resource Category(s)

Civil Procedure Code


	Sr.No	Form Name

	1.	Administration by Creditor on Behalf of Himself and all Other Creditors'

	2.	Administration by Pecuniary Legatee'

	3.	Administration by Specific Legatee'

	4.	Admission of Facts Pursuant to Notice (O.12, R.5.)'

	5.	Affidavit as to Documents.(O.11, R.13.)'

	6.	Affidavit for Condo Nation of Delay in Filing an Appeal'

	7.	Affidavit of Assets to be made by a Judgment-Debtor (O. 21, R. 41(2))'

	8.	Affidavit of Process-Server to Accompany Return of A Summons or Notice (O.5, R.18.)'

	9.	Against a Builder for Defective Workmanship'

	10.	Against a Fraudulent Purchaser and his Transferee with Notice'

	11.	Against Surety for Payment of Rent'

	12.	Agreement of Parties as to issue to be Tried.(O.14, R.6.)'

	13.	An Injunction Restricting Waste'

	14.	Answer to Interrogatories'

	15.	Appendix A - Defence in Suits for Goods Sold and Delivered'

	16.	Appendix A - Services at a Reasonable Rate'

	17.	Appendix B - Proclamation Requiring Attendance of Witness (O.16, R.10.)'

	18.	Appendix C - Interrogatories (O.11, R.4.)'

	19.	Appendix D - Preliminary Decree for Foreclosure - (Order XXXIVVV, Rule 2) (Where the Court Declares The Amount Due.)'

	20.	Appendix D - Preliminary Decree for Foreclosure or Sale'

	21.	Appendix D - Preliminary Decree for Redemption of Prior Mortgage and Foreclosure or Sale on Subsequent Mortgage'

	22.	Appendix D - Preliminary Decree for Sale (Order XXXIV, Rule 4) (Where Accounts are Directed to be taken.)'

	23.	Appendix H - Notice to Opposite Party of Day Fixed for Hearing Evidence of Pauperism.(O.33, R.6.)'

	24.	Appendix H - Notice to Parties of the Day Fixed for Examination of a Witness about to Leave the Jurisdiction.(O.18, R.16.)'

	25.	Application for Execution of Decree (O, 21, R.11.)'

	26.	Application to Appeal in Forma Pauperism (O.44, R.1.)'

	27.	Appointment Of A Receiver. (O.40, R.1.)'

	28.	Attachment before Judgment, On Proof of Failure to Furnish Security.(O.38, R.6.)'

	29.	Attachment In Execution - Prohibitory Order where the Property Consist of Immovable Property. (O.21, R.54.)'

	30.	Attachment In Execution - Prohibitory Order, Where the Property Consist of Shares in the Capital of Corporation.(O.21, R.46.)'

	31.	Attachment in Execution-Prohibitory Order, where the Property Consist of Debts not Secured by Negotiable Instruments (O.21, R.46.)'

	32.	Attachment in Execution-Prohibitory Order, where the Property to be Attached Consist of Movable Property to Which the Defendant is Entitled Subject to a Lien or Right of Some other Person to the Immed'

	33.	Attachment-Prohibitory Order, where the Property Consist of Money or of any Security in the Custody of a Court of Justice or Public Officer(O 21, R.52)'

	34.	Authority of the Collector to Stay Public Sale of Land (Section 72)'

	35.	Bond to be given by Receiver.(O.40, R.3.)'

	36.	Breach of Agreement to Purchase Land'

	37.	Breach of Contract to Serve'

	38.	By Tenant against Landlord, With Special Damage'

	39.	Carrying on Noxious Manufacture'

	40.	Caveat Application'

	41.	Certificate by Officer Holding a State of The Deficiency of Price on a Re-Sale of Property by Reason of the Purchaser's Default (O.21, R.71.)'

	42.	Certificate of Execution of Decree Transfered to another Court'

	43.	Certificate of Non-Satisfaction of Decree (O.21, R.6.)'

	44.	Certificate of Sale of Land .(O.21, R.94.)'

	45.	Certificate to Judgment-Debtor Authorising him to Mortgage Lease or Sell Property (O 21, R.83.)'

	46.	Commission for a Local Investigation, or to Examine Accounts (O.26, Rr.9,11.)'

	47.	Commission to Examine Absent Witness (O.26, Rr.4, 18.)'

	48.	Commission to make a Partition.(O.26, R.13.)'

	49.	Decree against Mortgagor Personally for Balance after the Sale of the Mortgaged Property (Order Xxxiv, Rules 6 and 8a). '

	50.	Decree for Recovery of Land and Manse Profits'

	51.	Decree for Rectification of Instrument'

	52.	Decree in Appeal.(O.41, R.35.)'

	53.	Decree in Original Suit (O.20, Rr.6, 7.)'

	54.	Decree to Set Aside A Transfer in Fraud of Creditors'

	55.	Defence in Administration Suit by Pecuniary Legatee'

	56.	Defence in all Suits for Wrongs'

	57.	Defence in any Suit for Debt'

	58.	Defence in Suits for Detention of Goods'

	59.	Defence in Suits for Infringement of Copyright'

	60.	Defence in Suits for Infringement of Trade Mark'

	61.	Defence in Suits on Bonds'

	62.	Defence in Suits on Guarantees'

	63.	Defence in Suits Relating to Nuisances'

	64.	Defence Insults for Injuries Caused by Negligent Driving'

	65.	Defence to Suit for Foreclosure'

	66.	Defence to Suit for Redemption'

	67.	Deficiency Up on a Re-sale [Goods Sold at Auction]'

	68.	Deficiency Up on a Re-sale [Goods Sold at Auction]'

	69.	Diverting a Water Course'

	70.	Execution of Trusts'

	71.	Final Decree for Foreclosure (Order XXXIV, Rule 3.)'

	72.	Final Decree for Foreclosure in a Redemption Suit on Default of Payment by Mortgagor (Order Xxxiv, Rule 8)'

	73.	Final Decree for Sale (Order Xxxiv, Rule 5.)'

	74.	Final Decree for Sale in a Redemption Suit on Default of Payment by Mortgagor(Order Xxxiv, Rule 8.)'

	75.	Final Decree in a Suit for Dissolution of Partnership and The Taking of Partnership Accounts'

	76.	Final Decree in an Administration Suit by a Legatee'

	77.	Final Decree in Suit for Foreclosure, Sale or Redemption Where The Mortgagor Pays The Amount of The Decree (Order Xxxiv, Rule 3, 5 And 8)'

	78.	Fine Decree in an Administration Suit by Next-of-Kin'

	79.	For Malicious Prosecution'

	80.	Foreclosure or Sale'

	81.	Format of Civil writ Petition in Supreme Court'

	82.	Fraudulently Procuring Credit to be Given to another Person'

	83.	General Defences'

	84.	Goods Made at Defendant’s Request and not Accepted'

	85.	Goods Sold at a Fixed Price and Delivered'

	86.	Goods Sold at A Reasonable Price and Delivered'

	87.	Injunction against Building Higher than Old Level'

	88.	Injunction against Private Nuisance'

	89.	Injunction against the Division of a Water - Course'

	90.	Injunction Restraining Nuisance'

	91.	Injunction Restraining Use of Private Road'

	92.	Injuries Caused by Negligence on a Railroad'

	93.	Injuries Caused in Negligent Driving'

	94.	Inter pleader'

	95.	Intimation to Lower Court of Admission of Appeal (O.41, R.13.)'

	96.	Letter of Request (O.26, R.5.)'

	97.	List of Documents Produced by Plaintiff / Defendant (O.13, R.1.)'

	98.	Memorandum of Appeal (O.41, R.1.)'

	99.	Memorandum of Cross Objection (O.41, R.22.)'

	100.	Money Lent'

	101.	Money Overpaid'

	102.	Movables Wrongfully Detained'

	103.	Not Delivering Goods Sold'

	104.	Notice of Application for the Transfer of a Suit to another Court for Trial (Section 24)'

	105.	Notice of Attachment of a Decree to the Court Which Passed it (O.21, R.53.)'

	106.	Notice of Attachment of a Decree to the Holder of the Decree (O.21, R.53.)'

	107.	Notice of Payment into Court.(O.24, R.2.)'

	108.	Notice to a Party to a Suit not made a Party to the Appeal but Joined by the Court as a Respondent (O.41, R.20.)'

	109.	Notice to Admit Documents (O.12, R.3.)'

	110.	Notice to Admit Facts (O.12, R.15)'

	111.	Notice to Attaching Creditor.(O.21, R.58.)'

	112.	Notice to Defendant.(O.9, R.6.)'

	113.	Notice to Inspect Documents (O.11, R.17.)'

	114.	Notice to Minor Defendant and Guardian (O.32, R.3.)'

	115.	Notice to Person in Possession of Movable Property Sold in Execution (O.21, R.79.)'

	116.	Notice to Person who, the Court Considers, Should be Added as Co-Plaintiff (O.1, R.10.)'

	117.	Notice to Produce Document (O.11, R.16.)'

	118.	Notice to Produce General Form (O.12, R.8)'

	119.	Notice to Respondent of Admission of Appeal to the Supreme Court (O.45, R.8.)'

	120.	Notice to Respondent of the Day Fixed for the Hearing of the Appeal (O 41, R.14.)'

	121.	Notice to Show Cause (General Form)'

	122.	Notice to Show Cause why a Certificate of Appeal to the Supreme Court Should not be Granted (O.45, R.3.)'

	123.	Notice to Show Cause why a Part or Adjustment should not be Recorded as Certified.(O.21, R.2.)'

	124.	Notice to Show Cause why a Review Should not be Granted (O.47, R.4.)'

	125.	Notice to Show Cause why Execution should not issue (O.21, R.16)'

	126.	Notice to Show Cause why Sale should not be set a side (O.21, Rr.90, 92.)'

	127.	Notice to Show Cause why Warrant of Arrest should not issue . (O.21, R.37.)'

	128.	Notice to State Objections to Draft of Document (O.21, R.34.)'

	129.	Notice to Surety of his Liability Under a Decree (Section 145)'

	130.	Obstructing A Highway'

	131.	Obstructing A Right of Way'

	132.	Obstructing A Right to Use Water for Irrigation'

	133.	On a Bond for The Fidelity of Clerk'

	134.	On a Foreign Judgment'

	135.	On an Agreement of Indemnity'

	136.	On an Award'

	137.	Order for Affidavit as to Documents (O.11, R.12)'

	138.	Order for Committal (O.38.R.4.)'

	139.	Order for Delivery of Interrogatories (O.11, R.1.)'

	140.	Order for Delivery to Certified Purchaser of Land at a Sale in Execution.(O.21, R, 95.)'

	141.	Order for Payment to the Plaintiff, Etc, of Money Etc, in the Hands of a Third Party (O.21, R.56.)'

	142.	Order for the Release of a Person Imprisoned in Execution of a Decree (S. 58, 58)'

	143.	Order for Transmission of Summons for Service in the Jurisdiction of another Court (O.5, R.21.)'

	144.	Order for Transmission of Summons to be Served on a Prisoner (O.5, R.24.)'

	145.	Order for Transmission of Summons to be Served on a Public Servant or Soldier (O.5, Rr.27, 28.)'

	146.	Order of Attachment of Negotiable Instrument (O.21, R.51.)'

	147.	Order on the Nazir for Causing Service of Proclamation of Sale - (O 21, R.66.)'

	148.	Order Sending Decree for Execution to another Court (O.21, R.6.)'

	149.	Order to Attach Salary of Public Officer or Servant of Railway Company or Local Authority (O.21, R.48.)'

	150.	Order to Produce Documents for Inspection (O.11, R.14)'

	151.	Particulars (O.6, R.5)'

	152.	Partnership'

	153.	Polluting the Water under the Plaintiff's Land'

	154.	Precept (Section 46.)'

	155.	Preliminary Decree for Foreclosure (Order Xxxiv, Rule 2) (Where Accounts are Directed to be Taken.)'

	156.	Preliminary Decree for Redemption Where on Default of Payment by Mortgagor a Decree for Foreclosure is Passed (Order XXXIV, Rule 7) (Where the Court Declares The Amount Due.)'

	157.	Preliminary Decree For Redemption Where on Default of Payment by Mortgagor a Decree for Sale is (Order XXXIV, Rule 7) ( Where The Court Declares The Amount Due.) Passed'

	158.	Preliminary Decree for Redemption Where on Default of Payment by Mortgagor a Decree for Sale is Passed (Order Xxxiv, Rule 7) (Where Accounts are Directed to be Taken)'

	159.	Preliminary Decree for Redemption Where on Default of Payment of Mortgagor a Decree for Foreclosure is Passed (Order Xxxiv, Rule 7) (Where Accounts are Directed to be Taken.)'

	160.	Preliminary Decree for Sale'

	161.	Preliminary Decree for Sale (Order XXXIV, Rule 4) ( When the Court Declares the Amount Due.)'

	162.	Preliminary Decree in a Suit for Dissolution of Partnership and The Taking of Partnership Accounts'

	163.	Preliminary Decree in an Administration Suit'

	164.	Preliminary Decree in an Administration Suit by a Legatee, Where an Executor is held Personally Liable for The Payment of Legacies'

	165.	Probate of Will in Solemn Form'

	166.	Proclamation of Sale (O.21, R.66.)'

	167.	Proclamation Requiring Attendance of Witness (O.16, R.10.)'

	168.	Procuring Properly by Fraud'

	169.	Prohibitory Order against Payment of Debts Sold in Execution to any Other than the Purchaser. (O.21, R.79.)'

	170.	Prohibitory Order Against the Transfer of Shares Sold in Execution - (O.21, R.79.)'

	171.	Public Nuisance'

	172.	Recession of A Contract on the Ground of Mistake'

	173.	Redemption'

	174.	Restoration of Movable Property Threatened with Destruction, and for an Injunction'

	175.	Security Bond in Injunction Suit Requiring Defendant not to Repeat wrongful act Complained'

	176.	Security Bond to be given During the Pendency of Appeal. (O.41, R.6.)'

	177.	Security Bond to be given on Order being made to Stay Execution of Decree.(O.41, R.5.)'

	178.	Security for Appearance of a Defendant Arrested before Judgment (O 38, R.2.)'

	179.	Security for Costs of Appeal (O.41, R.10.)'

	180.	Security for The Production of Property (O.38, R 5.)'

	181.	Services and Materials at a Reasonable Cost'

	182.	Simple Money Decree (Section 34)'

	183.	Specific Performance (No. 1)'

	184.	Specific Performance (No. 2)'

	185.	Summons for Disposal of Suit (O. 5, Rr 1.5.)'

	186.	Summons for Settlement of Issues (O.5, Rr.1, 5.)'

	187.	Summons in Summary Suit on Negotiable Instrument (O.37, R.2)'

	188.	Summons to Appear and Answer Charge of Obstructing Execution of Decree. (O.21, R.97.)'

	189.	Summons to Appear in Person.(O.5, R.3.)'

	190.	Summons to Defendant to Appear on Surety's Application for Discharge (O.38, R.3.)'

	191.	Summons to Legal Representative of Deceased Defendant (O.22, R.4.)'

	192.	Summons to Witness (O.16, Rr.1, 5.)'

	193.	Temporary Injunctions (O.39, R.1.)'

	194.	Terms of Compromise in a Suit'

	195.	Titles of Suits'

	196.	To Accompany Returns of Summons of another Court (O.5, R.23.)'

	197.	Use and Occupation'

	198.	Warrant for Seizure of Specific Movable Property Adjudged by Decree (O.21, R.31.)'

	199.	Warrant of Arrest before Judgment. (O.38, R.1.)'

	200.	Warrant of Arrest in Execution (O.21, R.38.)'

	201.	Warrant of Arrest of Witness (O.16, R.20.)'

	202.	Warrant of Attachment of Movable Property in Execution of Decree for Money (O.21, R.30.)'

	203.	Warrant of Attachment of Property of Witness (O.16, R.10.)'

	204.	Warrant of Committal'

	205.	Warrant of Committal (O.26, R.28.)'

	206.	Warrant of Committal of Judgment-Debtor to Jail (O.21, R.40.)'

	207.	Warrant of Committal.(O.21, R.98.)'

	208.	Warrant of Sale of Property in Execution of a Decree for Money (O.21, R.66.)'

	209.	Warrant to the Bailiff to give Possession of Land, Etc (O.21, R.35.)'

	210.	Wrongful Dismissal'

General Defences

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General Defences

General defences

Denial

· The defendant denies that (set out facts).

· The defendant does not admit that (set out facts).

· The defendant admits that but says that

Protest.

· The defendant denies that he is a partner in the defendant firm of

· The defendant denies that he made the contract alleged or any contract with the plaintiff.

· The defendant denies that he contracted with the plaintiff as alleged or at all.

· The defendant admits assets but not the plaintiff's claim.

· The defendant denies the plaintiff sold to him the goods mentioned in the plaint or any of them.

Of Limitation

The suit is barred by article or article or the second schedule to the {See now the Indian Limitation Act, 1908 (9 of 1908).}Indian Limitation Act, 1877 (15 of 1877.).

Jurisdiction

The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds).

On the day of a diamond ring was delivered by the defendant to and accepted by the plaintiff inn discharge of the allege cause of action.

Insolvency

The defendant has been adjudged an insolvent.

The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in the receiver.

Minority

The defendant was a minor at the time of making the alleged contract.

Payment into Court

The defendant as to the whole claim (or as to Rs., part of the money claimed, or as the case may be) has paid into Court Rs. and says that this sum is enough to satisfy the plaintiff's claim [or the part aforesaid].

Performance remitted

The performance of the promise alleged was remitted on the (date).

Rescission

The contract was rescinded by agreement between the plaintiff and defendant.

Res judicature

The plaintiff's claim is barred by the decree in suit (give the reference).

Estoppel

The plaintiff is estopped from denying the truth of (inter statement as to which estoppel is claimed) because (here state the facts relied on as creating the estoppel.)

Ground of defence subsequent to institution of suit

Since the institution of the suit, that is to say, on the say of (set out facts).