Written statement Order 8 of CPC, meaning, rules, particulars, time limit etc.

Written statement Order 8 of CPC, meaning, rules, particulars, time limit etc.

October 13,2023

This article is written by Adv. Simran Acharya and this article is focus on what do you mean by written statement, and who may file written statement and  what are defenses  in the written statement. And along with what is the time limit for filing a written statement.

And this article has been published by Adv. prakash chand sharama.

1. Introduction:-                  

The Written Statement is an important component of civil litigation in India. It is a response filed by the defendant in a civil case to the plaintiff's claim. The Written Statement is a pleading that specifically denies the allegations made against the defendant in the plaintiff's plaint. The provisions regarding the Written Statement are provided in the Code of Civil Procedure, 1908. The Written Statement is a legal document that provides the defendant with an opportunity to present their side of the story and defend themselves against the plaintiff's claims. It is a written reply statement that contains specific particulars, including a clear and concise statement of the facts of the case, the legal defenses that the defendant wishes to raise, and any counterclaims that the defendant may have against the plaintiff. The Code of Civil Procedure, 1908, provides guidelines for drafting and filing the Written Statement. The Written Statement must be filed within thirty days from the date of service of the summons, failing which the court may proceed with the case ex-parte. It should also be in compliance with the rules and regulations governing civil procedure in India. In conclusion, the Written Statement is an important document in civil litigation in India. It provides the defendant with an opportunity to present their side of the story and defend themselves against the plaintiff's claims. The provisions regarding the Written Statement are provided in the Code of Civil Procedure, 1908, and it is crucial to file the Written Statement within the stipulated time limit and ensure that it contains all the necessary particulars.

2. Who may file written statement:-

In civil litigation in India, a Written Statement may be filed by the defendant or their duly authorized agent. In cases where there are multiple defendants, a common Written Statement may be filed, but it must be signed by all of them. However, it is sufficient if the Written Statement is verified by one of the defendants who is aware of the facts of the case and is in a position to file an affidavit. This means that only one defendant needs to sign the Written Statement, but it must be verified by that defendant and must accurately represent the views of all defendants. It is important to note that a Written Statement filed by one defendant does not bind the other defendants. Each defendant is responsible for filing their own separate Written Statement, even if they are represented by the same lawyer. This ensures that each defendant has the opportunity to present their own defenses and arguments in the case. In conclusion, the filing of a Written Statement is an important part of civil litigation in India. It must be filed within the stipulated time limit and should accurately represent the views and defenses of the defendant. In cases where there are multiple defendants, a common Written Statement may be filed, but it must be verified by one of the defendants and must accurately represent the views of all defendants.

3. Time limit for filing written statement:-

In civil litigation in India, a defendant is required to file a Written Statement within thirty days from the date of service of the summons. This time limit is provided in Rule 1 of the Code of Civil Procedure, 1908. The Written Statement is a crucial document that provides the defendant with an opportunity to present their side of the story and defend themselves against the plaintiff's claims. In some cases, the court may allow an extension of the time limit for filing the Written Statement. The period can be extended up to ninety days from the date of service of the summons. The extension is granted at the discretion of the court and is usually allowed only in exceptional circumstances, such as when the defendant is facing unavoidable circumstances that prevent them from filing the Written Statement within the stipulated time limit. It is important for the defendant to present their Written Statement within the stipulated time period or within the extended time period granted by the court. Failure to do so may result in the court proceeding with the case ex-parte, which means that the court will hear and decide the case without the defendant's input. In conclusion, the filing of a Written Statement is an important part of civil litigation in India. The defendant must file the Written Statement within the stipulated time limit or within the extended time limit granted by the court. This ensures that the defendant has an opportunity to present their side of the story and defend themselves against the plaintiff's claims.

4. Defences in written statement:-

In written statements the defendant can specifically deny the allegations made in the plaint by the plaintiff against him. Besides this, he also can claim to set-off any sums of money payable by the plaintiff to him as a counter defence (Order 8 Rule 6). Further, if the defendant has any claim against the plaintiff relating to any matter in the issue raised in the plaint, then he can separately file a counterclaim along with his written statement. It is provided in Order 8 Rule 6A to 6G of the code.

5. Special rules of defence:- 

The rules 2 to 5 and 7 to 10 under the provisions of the CPC deal with specific points regarding the filing of a written statement. According to Order 8 Rule 2, a defendant must raise new facts like the suit not being maintainable or that the transaction is either void or voidable in law.Furthermore, all the grounds of defense, such as fraud, limitation, release, payment, performance, or facts showing illegality, must be raised, which if not raised, would take the plaintiff by surprise. The denial by the defendant must be specific, and he must deal with each allegation of fact that he does not admit. The denial should not be vague or evasive. If the defendant wants to deny any allegation of fact in the plaint, he must do so clearly, specifically, and explicitly and not evasively or generally. If every allegation of fact in the plaint is not denied specifically or by necessary implication, or stated to be not admitted except as against a person under disability, the court may require proof of any such fact otherwise than by such admission. If the defendant relies on several distinct grounds of defense or set-off or counterclaim founded upon separate and distinct facts, they should be stated separately and distinctly. Any new ground of defense that has arisen after the institution of the suit or presentation of a written statement claiming a set-off or counterclaim may be raised by the defendant or plaintiff in his written statement as the case may be. If the defendant fails to present his written statement within the permitted or fixed time by the court, the court will pronounce the judgment against him or pass such order in relation to the suit as it thinks fit, and a decree will be drawn up according to the said judgment.

6. Conclusion:-

In conclusion, the Written Statement is a reply statement filed by the defendant in response to the plaintiff's claim in a civil case. It provides the defendant with an opportunity to present their side of the story and deny the allegations made against them by the plaintiff. The Written Statement is a crucial document in civil litigation in India, and it must be filed within the stipulated time limit. The Written Statement includes the defendant's defense and their material facts, which they rely on in their defense. It is a method to disclose both sides of the suit, where the plaintiff presents their case through the plaint, and the defendant presents their defense through the Written Statement in court. The Written Statement plays a significant role in ensuring a fair and impartial resolution to disputes and upholding the rule of law in India.

7. Researcher and Writers:-

Intellectual Property Owner:-Techalam Legal Solution LLP*,

Author & Writer:- Simran Acharya*(B.Com, LLB, LLM, Adv.), Adv. Naya Jain **(LLB, ADV)

Researcher & Scientific Work:- Prakash Chand Sharma***

Technology & Intelligence Director:- Devendra Choudhary******

 Founders, Designated Partners & Associate of Zumosun Group

 Mobile:- +91 9116098980/9119112929  email:- thelegalbank@gmail.com

8. Reference:-

Plaint Order 7 CPC || Its meaning, essentials, and particulars, form, etc.   

Written statement