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Written Statement

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Elsa Shaikh
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17 views9 pages

Written Statement

Uploaded by

Elsa Shaikh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Written

Statem
ent
Presented by Elsa
Shaikh
Introducti
on
The Code of Civil Procedure does not provide a clear definition for a ‘written
statement.’ In simple terms, it is a written defence statement submitted by the
defendant, addressing all the important points raised by the plaintiff in their
complaint.

This statement includes objections to the plaintiff’s claims and can also introduce
new facts if needed. Think of it as the defendant’s version of events, just as the
plaintiff’s complaint represents their side. The rules for the written statement are
outlined in Order VIII of the Code of Civil Procedure.

In the written statement, the defendant should present their case . It should only
contain the facts that support their defence, not the evidence to prove those
The Defendant shall, within thirty days from the date
of service of summons on him, present a written
statement of his defence.

Provided that where the defendant fails to file the


written statement within the said period of thirty

Rule 1 days, he shall be allowed to file the written


statement on such other day, as may be specified by
the Court, for reasons to be recorded in writing and
on payment of such costs as the Court deems fit, but
which shall not be later than one hundred twenty
days from the date of service of summons and on
expiry of one hundred twenty days from the date of
service of summons, the defendant shall forfeit the
right to file the written statement and the Court shall
not allow the written statement to be taken on
record.
• As per Rule 2 of Order 8 of CPC, the defendant must raise by his pleading all
matters which show the suit not be maintainable, or that the transaction is
either void or voidable in point of law, and 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, as, for instance, fraud,
limitation, release, payment, performance, or facts showing illegality.
• As per Rule 3 of Order 8 of CPC, it shall not be sufficient for a defendant in his
written statement to deny generally the grounds alleged by the plaintiff, but
the defendant must deal specifically with each allegation of fact of which he
does not admit the truth, except damages.
• As per Rule 4 of Order 8, where a defendant denies an allegation of fact in the
plaint, he must not do so evasively, but answer the point of substance. Thus,
if it is alleged that he received a certain sum of money, it shall not be
sufficient to deny that he received that particular amount, but he must deny
that he received that sum or any part thereof, or else set out how much he
received. And if an allegation is made with diverse circumstances, it shall not
be sufficient to deny it along with those circumstances.
Rule 6

Set Off Rule 6 A - 6 G

&
Counte
Differnce

r Claim Types
Provision

Rule 8 Rule 9 Rule 10


: : :
New Subsequ Procedure
when party
ground ent fails to present
written
of pleading statement
defence s
Case
Laws
In Kailash v. Nankhu AIR 2005 ,
held that outer time limit of 90
In Salem Advocate Bar Assn. V.
Union of India (2005), the
days for filing the written Supreme Court clarified that
statement is not mandatory. The under Rule 10 of CPC, the
court held that though the court has wide powers to
provision is couched in a ‘make such order in relation to
negative language, it is directory the suit as it thinks fit.’ The
and permissive not mandatory order extending the time to
or imperative. It provides that file a written statement cannot
process of justice may be be made routinely. The time
hurried but the fairness which is can be extended only in
the basic element of justice exceptionally hard cases.
cannot be permitted to be
buried.
Conclusi
on
A written statement is a document in a legal
case where the defendant, the person being
sued, responds to the claims made by the
plaintiff, the person who filed the lawsuit. It’s
like telling their side of the story in writing. In
the written statement, the defendant can
admit or deny the plaintiff’s allegations and
explain their defences. They may also include
any counterclaims if they have a case against
the plaintiff. It’s an essential part of the legal
process that helps both sides present their
arguments to the court, allowing the judge to
make a fair decision in the case.
THAN
K
YOU

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