New CPC Amendments on the Horizon: Delhi High Court Invites Public Feedback

rit arora
Oct 30
2 min read

By Lex Horizon

Delhi High Court Proposes Amendments to Orders VI and VIII of the Code of Civil Procedure, 1908

In an important development for the civil litigation framework, the Delhi High Court has proposed amendments to Orders VI and VIII of the First Schedule to the Code of Civil Procedure, 1908 (CPC). The draft notification was published in the Delhi Gazette (Extraordinary), Part II, Section I dated 15th October 2025, inviting objections from the public within 30 days of publication.

Key Proposed Amendments

1. Amendment to Order VI – Definition of Pleading

The proposed amendment seeks to clarify and update the definition of the term “pleading”. Under the new definition:

“Pleading” shall mean plaint or written statement or replication.”

This amendment explicitly recognizes replication (a response filed by the plaintiff to the defendant’s written statement) as a formal component of pleadings — bringing clarity and procedural uniformity to an area that has often been treated inconsistently across courts.

2. Amendment to Order VIII – Title and Rule 9

(a) Revised Title

The title of Order VIII is proposed to be substituted as:

“Written Statement, Set-off, Counter-claim and Replication.”

This change reinforces that replication is now formally integrated into the procedural scheme of Order VIII.

(b) Substitution of Rule 9

Substituted Rule 9 outlines the timelines and procedural requirements for filing subsequent pleadings, including replications:

Replication to be filed within 30 days of receiving the written statement.
The Court may extend the timeline up to 45 days, with recorded reasons and possibly subject to costs.
The plaintiff must list and produce documents relied upon in support of the replication at the time of filing.
Court may also require either party to file a written statement or additional written statement and may fix a time of note more than 30 days, thus, essentially widening the scope of pleadings.

Significance of the Amendments

These proposed modifications aim to:

Streamline procedural clarity on the role and timing of replications.
Ensure timely exchange of pleadings, thereby expediting trial readiness.
Reduce ambiguity regarding additional filings, often leading to procedural disputes or delays.

By explicitly defining “replication” and incorporating it within Orders VI and VIII, the Delhi High Court seeks to align civil procedure with contemporary litigation practices while maintaining procedural discipline.

Public Consultation

The Court has invited written objections or suggestions within 30 days from publication (i.e., by 14 November 2025).Submissions may be sent via email to:📧 jr-rules.dhc@gov.in

Conclusion

The proposed amendments reflect the Delhi High Court’s continued efforts toward procedural modernization and efficiency in civil litigation. By giving formal recognition to replication and setting defined timeframes, these changes, once notified, will likely bring greater clarity, consistency, and predictability to pleading practices under the CPC.

*Section 122 of the CPC, 1908, empowers High Courts (excluding those of a Judicial Commissioner) to make rules to regulate their own procedure and the procedure of civil courts under their superintendence. These rules can alter, add to, or annul the rules in the First Schedule of the Code

Find the notification here