IMPORTANCE OF WRITTEN STATEMENT IN CIVIL LITIGATION

INTRODUCTION

A written statement is the defendant's official answer to the plaintiff's

allegations and claims in the plaint in civil action. Particularly under the
jurisdiction of the Civil Procedure Code (CPC), 1908, it is among the most
important texts in the civil procedure. In the written statement, the defendant
can present any new information, defences, counterclaims, or set-offs that are
pertinent to the case, as well as express any legal objections and accept or reject
the plaintiff's charges.

Given that the CPC serves as the primary legislative framework in India for the
conduct of civil actions, it guarantees that each party will have an equal
opportunity to state their case. A fair trial is ensured by allowing both parties to
properly describe their accusations and defences in the written statement, which
is the primary document by which the defendant responds to the plaint.
The defendant clarifies the facts and legal questions in dispute by submitting a
written statement, which helps the court identify the appropriate subjects for
trial. Furthermore, a well-prepared written statement has the power to
drastically alter the trial's trajectory by streamlining the procedures and
concentrating the court's attention on the most important issues.

In the event that the defendant fails to provide a written statement within the
allotted time frame, the court may proceed without the defendant's input, a
process known as an ex-parte decree, which frequently results in a decision in
the plaintiff's favour. Therefore, it is crucial for both defendants and legal
professionals to comprehend the significance of the written statement as well as
the legal laws that control it.

In accordance with the Indian Civil Procedure Code (CPC), 1908, the written
statement is an essential procedural document. It is the defence's answer to the
plaintiff's accusations and claims in the plaint. The written statement gives the
defendant a methodical approach to refute the lawsuit, acknowledge or deny the
accusations, and present any defences, counterclaims, or objections. It is an
important phase in the legal procedure that aids the court in determining and
settling the points of contention. This document is very important in civil
procedures, and a just resolution of civil lawsuits depends on its early and
specific filing.
 LEGAL FRAMEWORK

The Civil Procedure Code (CPC), 1908, specifically Order VIII, governs the
written statement in various ways. The following provides a summary of the
relevant legal framework and important guidelines regarding the submission
and content of the written statement:

1-Order VIII, Rule 1: Time for Filing Written Statement -

→30-Day Time Limit:

The defendant is required to provide a written statement within 30 days of the

day the summons was served, according to Order VIII, Rule 1 of the CPC. The
defendant is given this initial length of time so that they can study the plaint and
get ready with a suitable reply.

→Extension to 90 Days:

The court may grant an extension if the defendant is unable to submit the
written statement within the first thirty days; however, this extension cannot last
longer than ninety days following the date the summons was served. The facts
of the case will determine whether the court decides to extend this time.

→Consequences of Non-Compliance:

In the event that the defendant neglects to provide the written statement within
the stipulated timeframe, the court may continue ex parte, rendering a decision
that exclusively considers the plaintiff's case, disregarding the defendant's
contentions.

→Generally speaking, the ninety-day period is the upper limit; extensions are
only given in very rare situations. The timeframe is designed to make sure that
the legal process moves along quickly and without needless pauses.

2- Order VIII, Rule 3: Denial by Defendant -

→Every accusation in the plaint that the defendant disagrees with must be
expressly denied by them. A vague or general denial is insufficient.

→Specific Denial:
The defendant may be believed by the court to have acknowledged the accuracy
of an accusation if they do not specifically deny it.

→This rule emphasizes the importance of clarity and specify in the written
statement, requiring the defendant to respond directly to each truth stated in the
plaint.

→The written statement ought to offer precise and unambiguous rejections or

acceptances of the plaintiff's allegations. Failure to deny certain truths can lead
to those facts being judged accepted.

3- Order VIII, Rule 5: Effect of Admission -

→The court does not need more evidence to show any of the facts the defendant
confesses in the written statement; the court considers those facts to be proven.

→Judicial Admission:

An admission in the written statement is considered conclusive and binding on

the defendant, unless the court approves differently in extraordinary instances.

→This rule facilitates judicial efficiency by enabling the court to reduce the
number of issues up for trial by admitting facts that are conceded by the
defendant.

→Written statement admissions streamline the legal process by lowering the

quantity of contested facts that must be shown during trial. What is admitted
and denied in the written statement must be carefully considered.

4- Order VIII, Rule 6: Set-Off -

→If the defendant has a debt from the plaintiff that is lawfully recoverable and
stems from the same transaction or one that is related to it, they may add a set-
off in the written statement. The plaintiff's claim may be reduced by the set-off
amount.

→Legal Set-Off:

Like a cross-claim, a set-off is subject to specific requirements, including being

a part of the same transaction and having legal enforceability. The defendant's
liability may be minimized or removed completely if the set-off is proven.
→By claiming an amount due by the plaintiff, the defendant can use a set-off to
offset or offset the claim made against them. By including this clause, numerous
lawsuits are prevented and the defendant's rights are protected.

5- Order VIII, Rule 6A: Counterclaim -

A counterclaim may be made by the defendant in the written statement. A

counterclaim is an additional claim made against the plaintiff that might or
might not be related to the same transaction that is the focus of the lawsuit. The
plaintiff's suit and the counterclaim are heard concurrently, allowing for the
resolution of both lawsuits independently. With the use of a counterclaim, the
defendant can file a separate lawsuit against the plaintiff, so avoiding repeated
trials. It makes it easier for the parties to resolve all of their disagreements in
one trial.

6- Order VIII, Rule 10: Consequences of Non-Filing of Written Statement -

The court may make a decision based just on the plaint if the defendant doesn't
provide a written statement by the deadline. We call this an ex-parte decree. The
court has the right to presume that the defendant has no defence to provide in
the absence of a written declaration, and it may rule in the plaintiff's favour.
There are severe repercussions for failing to file a written statement, including
the possibility of a default judgment against the defendant. To preserve the
defendant's rights and avoid a negative ruling, the written statement must be
submitted on time.

Judicial Interpretation of Time Limits for Filing a Written Statement

1- Kailash v. Nanhku (2005) -

The Supreme Court of India examined whether the 90-day restriction imposed
by Order VIII, Rule 1 of the CPC was necessary or merely a guideline in this
case. The problem started when a written statement submitted after the 90-day
term was rejected by a trial court. According to the Supreme Court, the 90-day
period is advisory rather than required. This implies that, depending on the
situation, the court may permit the filing of a written statement even after the
ninety-day limit. The Court stressed that justice should not be subordinated to
procedural rules. It said that rather than just enforcing strict deadlines, the CPC's
main goal is to enable fair trials and provide justice. Therefore, the court ought
to permit the filing of the written statement in situations when the defendant has
good cause for the postponement. Because of this ruling, Order VIII, Rule 1 can
now be used more flexibly, allowing courts to extend the filing period past 90
days if necessary to uphold the interests of justice. This flexibility, though, was
to be used sparingly and not on a regular basis.

2- Salem Advocate Bar Association, Tamil Nadu v. Union of India -

The Supreme Court considered the constitutionality and purpose of the CPC
changes in this case, as well as the deadlines for submitting written statements.
The Court maintained the 90-day limit's validity, pointing out that although it is
meant to avoid excessive delays, it shouldn't obstruct justice in situations when
there is actual hardship. Although the Court emphasized that courts have the
authority to excuse delays in suitable circumstances, it agreed that procedural
discipline was crucial to avoiding drawn-out litigation. This case served as
further evidence that the 90-day restriction is not inflexible and that the court
may extend it in certain situations. It emphasized striking a balance between
keeping the flexibility to administer justice in a fair manner and guaranteeing
procedural efficiency.

3- SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. -

The Supreme Court looked at a case in which the defendant claimed to have
compelling reasons for delaying filing a written statement above the 90-day
limit. The Supreme Court adopted a more stringent position, ruling that the 90-
day window for submitting a written declaration should be followed in most
cases. It concluded that unless the defendant has strong reason in rare and
extraordinary circumstances, courts should not leniently extend the time
restriction past 90 days. The Court underlined the significance of following
procedural deadlines and maintaining discipline. It pointed out that permitting
extensions excessively could result in excessive delays, negating the goal of the
CPC's trial-speeding reforms. This ruling encouraged judges to take a
methodical approach to prevent delays and a shift towards stronger enforcement
of the 90-day limit. It reaffirmed that there should only be exceptional
deviations to the 90-day limit, which should be regarded as a rule.

4- Atcom Technologies Ltd. v. Y.A. Chunawala and Co. -

The late filing of a written statement in a commercial suit—where procedural

timelines are more stringent under the Commercial Courts Act, 2015—was the
subject of this case before the Supreme Court. By submitting the written
statement after the deadline, the defendant asked for compassion. The Court
ruled that no written statement could be filed after the 120-day term, which is
peculiar to commercial proceedings, and that strict respect to this deadline is
required in these situations. The Court underlined that because of its nature and
financial ramifications, commercial litigation necessitates a quicker settlement
and more stringent adherence to procedures.This ruling brought attention to the
necessity of more stringent deadlines in business issues, where effectiveness
and timely settlement are essential. It emphasized that the ability of business
courts to extend deadlines is limited.

5- M/s R.N. Jadi & Brothers v. Subhashchandra (2007) -

The Supreme Court examined the potential consequences in this case of courts
strictly adhering to procedural timeframes without taking into account the
unique characteristics of each case. According to the Court, procedural norms
are instruments to promote justice and shouldn't be implemented so strictly that
they produce unfair results. It decided that although deadlines must be adhered
to, courts shouldn't punish parties excessively for procedural delays if doing so
would be unfair. This ruling made it clear that the courts must strike a balance
between justice and procedural discipline, especially when unanticipated and
unavoidable circumstances cause a delay in filing a written declaration.

CONCLUSION

According to India's Civil Procedure Code (CPC), 1908, the written statement is
a fundamental document in civil litigation and is essential to creating an
impartial and effective trial process. It functions as the defendant's official
answer to the plaintiff's accusations, giving the defence a methodical means of
elaborating on contentious points, stating defences, and bringing up
counterclaims or set-offs. The written statement serves as the defendant's main
tool for presenting their case; it clarifies contested facts, facilitates issue-
framing, and eventually speeds up court processes.

Both the plaintiff and the court can ascertain exactly what the defendant
acknowledges, disputes, or plans to dispute from the written statement. By
avoiding needless scrutiny of established facts, this clarity enables the court to
concentrate on the real issues at hand, so increasing judicial efficiency.
Furthermore, it protects the right to a fair hearing by guaranteeing that each side
has an equal chance to present their case.

Given the large backlog of cases in Indian courts, the deadline for filing the
written statement—typically 30 days, with the option to extend it to 90 days—
reinforces procedural discipline and avoids needless delays. However, as
demonstrated by seminal instances such as Kailash v. Nanhku and SCG
Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd., courts
have granted considerable flexibility by permitting extensions in extraordinary
circumstances. These decisions highlight the importance of procedural
procedures, but they shouldn't take precedence over the values of justice and
equity.

The defendant may face serious repercussions, including the possibility of an

ex-parte decision, if they do not submit a written statement within the allotted
time. A default decree against the defendant may emerge from such a ruling,
which is based only on the plaintiff's representations. Because timely filing is
essential to safeguarding the defendant's legal rights and guaranteeing their
hearing in court, its significance cannot be emphasized.

In conclusion, the written statement is an essential tool in the civil litigation

process and not just a formality. By defining the parameters of the conflict,
concentrating the trial on pertinent matters, and giving the defendant a full and
open chance to defend themselves, it helps ensure a just, equitable, and effective
decision. In Indian civil litigation, the CPC's regulated, controlled use of the
written declaration is essential to maintaining the natural justice principles.