Written Statement – Order 8 of Civil Procedure Code, 1908

Meaning

Written statement signifies the reply of the plaint filed by the plaintiff against the defendant and can also be defined as the pleading to the defendant dealing with the material fact alleged by the plaintiff in his plaint. It also states the new facts in his favour with the same takes legal obligations against the claim of the plaintiff.

The respondent has two options for documenting a brief argument in the Court. It is possible that he can acknowledge and concede the plaint, or he can challenge the suit, which is introduced by the plaintiff against him. In the method of testing the plaint, he can disavowal the plaintiff’s suit and document definite clarification with reason and truth which is claimed by the plaintiff against him and take proper legitimate safeguard by recording his composed assertion. A litigant can likewise guarantee by presenting his defense by the method of setoff and counterclaim under Order 8 rule 6 of CPC.

Who are capable of filing the statement?

It must be filed by the defendant or by his duly constituted agent. Where a situation comes that we have more than one defendant and a common written statement filed against them, then it is required to be signed by all the defendants whereas sufficient if verified by one. The written statement by one defendant does not bind on the other defendant.

The written statement must be filed within thirty days from the day of service of summons on him and according to the proviso of Rule 1, this period could be extended to ninety days.

Case Kailash v Nanhku AIR 2005 SC 2441 itwas said in this case that this proviso of Rule 1 couched in a negative language implying mandatory character.

Brief arguments can be recorded in all sorts of cases that are covered under the Civil Procedure Code. Moreover, affable suit, title suit, explicit execution of an agreement, directive suit, recuperation of cash suit, in MACT cases, marital debates like compensation of intimate right, separate from the appeal, the disintegration of an association, and so on.

According to the prerequisite to Order 6, Rule 17 of the CPC gives the initiation of the Suit has not started. The Court can permit a revision of the brief arguments at any phase of the procedures. Be that as it should, in this way litigant cannot permit to change the case made in the brief arguments and substitute an extraordinary and new case. Furthermore, be note that revision couldn’t be allowed at a very late stage.

Modi Spinning and Weaving Mills Co ltd And others v. Ladha Ram and Co, 1977 AIR SC 680, The Supreme Court held that the methods for the alteration were planned by the litigants to present a totally unique case and that, if such corrections were permitted, the other party would be unfavorably influenced. The litigants cannot be permitted to totally change the case in the brief arguments and replace it with a totally unique and new case.

Particulars

All the general rules of the pleadings apply to the written statement also. 

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Rule 2 – says that the defendant in its defense must raise new facts such as suit is not maintainable, etc and if not raised such points would raise issues of the fact not arising out of the plaint.

Rule 3 – the denial by the defendant must be specific and for the grounds alleged by the plaintiff but must be dealt with each allegation of fact in the plaint and required to be done clearly, specifically and explicitly.

Rule 4 – denial by the defendant must be specific, clear and explicit. When a defendant denies all allegations of fact in a plaint, he must not do so evasively but answer the point of substance.

Rule 5 – if the denial to the allegations of the plaint filed against the defendant is not specified then it shall be taken as admitted by him. 

Example

It plaintiff plaint defines –

The defendant broke or entered into the shop of the plaintiff and seized, took and carried away or carried away any of the furniture, stock-in-trade and other effects which were therein.

For the same

Defendant must transverse as

The defendant never broke and entered into the shop of the plaintiff or seized took or carried away any of the furniture, stock-in-trade, and other effects that were therein.

Rule 7 – if the defendant wants to go with a distinct ground of defence or set-off or counterclaim founded upon separate and distinct facts, they are required to be stated separately and distinctly.

Rule 8 – in case any new ground of defence arisen after the institution of the suit or presentation of a written statement by the defendant or plaintiff and it is the court is empowered to take notice of the subsequent event.

Rule 9 – no pleading can be filed after the defendant other than by way of defence to set-off or counterclaims can be filed but only at the discretion of the court.

Rule 10 – in case the defendant fails to present his written statement within the time permitted or fixed 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.

Balraj Taneja v Sunil Madan AIR 1964 SC 538 says that the court cannot proceed to pass a judgment blindly merely because no written statement is filed by the defendant transverse the averment made by the plaint.

 Jyotish Chandra Sen vs. Rukmini Ballav Sen and other, AIR 1959 CALCUTTA 35, The Calcutta High Court held that according to Order 8 Rule 9, the Court’s leave may acknowledge extra brief arguments on such standing as the Court may consider suitable. One of the prerequisites is that a specific sum will be paid inside a fixed period, that is, a demonstration permitted by the Statute, and when the Court sets a period limit for paying out that demonstration, Section 148 applies in the term.

Also Read: Plaint – Particulars, Procedure and Return

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