Written statement Order 8 of CPC
In this article, we will discuss the Written statement, its meaning, its particulars and who may file and what is the time limit for filing a written statement. And at what time of point the time limit will consider started etc. And we also consider the drafting of the written statement, means in what manner a written statement should be drafted. Let’s begin.
First of all, we should know that what is written statement. Actually, it is a pleading of the defendant in the answer of the plaint filed by the plaintiff against him. It is a reply statement of the defendant in a suit specifically denying the allegations made against him by the plaintiff in his plaint. The provision regarding the written statement has provided in the Code of Civil Procedure, 1908.
The expression “Written Statement” has not been defined in this code. It is a term of specific meaning ordinarily signifying a reply to the plaint filed by the plaintiff. In other words, it is the pleading of the defendant wherein he deals with the material fact alleged by the plaintiff in his plaint and also states any new fact in his favour or takes legal objections against the claim of the plaintiff.
Who may file written statement:-
A written statement may be filed by the defendant or by his duly authorized agent. In the case of more than one defendants, the common written statement filed by them must be signed by all of them. But it is sufficient if it is verified by one of them who is aware of the facts of the case and is in a position to file an affidavit. But a written statement filed by one defendant does not bind other defendants.
Time limit for filing written statement:-
A written statement should be filed within thirty days from the service of the summons on him. The said period, however, can be extended up to ninety days,(Rule -1). A defendant should present a written statement of his defence in the said period.
Defences in written statement:-
In written statement 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 counter-claim along with his written statement. It is provided in Order 8 Rule 6A to 6G of the code.
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Particulars: Rules 1-5 and 7-10
Drafting a written statement is an art so it should be drafted carefully and artistically. Before proceeding to draft a written statement it is absolutely necessary for the defendant to examine the plaint carefully.
Special rules of defence:-
Rules 2 to 5 and 7 to 10 deal with special points regarding the filing of a written statement;
1. New facts, such as the suit is not maintainable, or that the transaction is either void or voidable in law, and all such grounds of defence as, if not raised, would take the plaintiff by surprise, or would raise issues of fact not arising out of the plaint, such as fraud, limitation, release, payment, performance or facts showing illegality, etc. must be raised. (Order 8 Rule 2).
2. The denial must be specific. It is not sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but he must deal specifically with each allegation of fact which he does not admit, except damages.
3. The denial should not be vague or evasive. Where a defendant wants to deny any allegation of fact in the plaint, he must do so clearly, specifically and explicitly and not evasively or generally.
4. Where every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted except as against a person under disability. The court may, however, require proof of any such fact otherwise than by such admission.
5. Where the defendant relies upon several distinct grounds of defence or set-off or counterclaim founded upon separate and distinct facts, they should be stated separately and distinctly.
6. Any new ground of defence which has arisen after the institution of the suit or a 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.
7. If 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.
8. No pleading after the written statement of the defendant other than by way of defence to set-off or counterclaim can be filed.
At last, it is clear that the written statement is a reply statement of the defendant to the plaintiff. In this defendant state his defence and deny the allegation of the plaintiff as per his material facts. It is a method to disclosed both sides of the suit in both the party present his favour by the way of the plaint, the plaintiff and by the way of written statement, the defendant in the court.
If you want to read plaint than click here.
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