All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

The correct option is E: The defendant can add to the written statement the defence of set- off or counter-claim even at a later stage in the proceedings, with the permission of the court, if there is due cause for doing so.

This is because Order VIII Rule 6G of the Civil Procedure Code states that:

"6G. Power of court to strike out or add to pleadings. The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties."

This rule gives the court the discretion to permit any amendment to the pleadings, including the written statement, if it is necessary for the fair and proper adjudication of the dispute. Therefore, the defendant can seek the court's permission to add the defence of set-off or counter-claim even after filing the written statement, if he can show sufficient cause for doing so.

The other options are incorrect because:

A: The rules applicable to plaints are, generally, applicable to written statements as well. For example, both plaints and written statements must contain a verification by the party or his agent, must be signed by the party and his pleader, must be accompanied by documents relied upon by the party, etc.

B: The defendant is allowed a maximum of ninety days from the date of service of summons on him to file a written statement with the court. This is not related to the date of commission of the offence, which may be much earlier or later than the date of service of summons.

C: A statement questioning the maintainability of the suit would not be sufficient in a written statement, as it is necessary to specifically state why the suit is not maintainable. This is because Order VIII Rule 2 requires the defendant to 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.

D: The defendant may choose to admit or deny the allegations in the plaint but can also allege any new facts in his favour or that take legal objections against the claim of the plaintiff. This is because Order VIII Rule 2 also allows the defendant to raise by his pleading 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.