What is a Written Statement in a Civil Suit?

Introduction

In the procedure of a civil suit under Indian law, the written statement is one of the most important documents filed by the defendant. Once a plaint is filed by the plaintiff, the defendant is summoned by the court to present his side of the case. The defendant’s reply, defense, and contentions against the claims made by the plaintiff are contained in a document known as the written statement. In simple terms, a written statement is the formal pleading of the defendant in response to the plaint filed by the plaintiff.

The procedure and rules regarding written statements are primarily governed by the Code of Civil Procedure, 1908 (CPC), particularly Order VIII. This provision ensures that a defendant has the opportunity to present his version of facts, admit or deny the allegations, and raise any legal defenses available.

The direct answer to the question is: A written statement in a civil suit is the defendant’s formal pleading, filed under Order VIII of the Code of Civil Procedure, 1908, responding to the plaintiff’s plaint, where the defendant admits, denies, or explains the allegations made and sets forth his defense.

Meaning of a Written Statement

A written statement is the defendant’s official reply to the plaint. It contains a paragraph-wise reply to the allegations made in the plaint, either admitting, denying, or offering a version different from the plaintiff’s. It may also contain legal defenses, preliminary objections, counterclaims, or set-offs.

The aim of a written statement is to narrow down the controversy between the parties and help the court identify the real issues that need to be adjudicated.

Governing Law

The legal framework governing written statements in civil suits is laid down in:

  1. Order VIII CPC, 1908 – Rules regarding written statements, defenses, set-offs, and counterclaims.
  2. Order VI CPC – General provisions regarding pleadings.
  3. Section 27 CPC – Service of summons to the defendant, triggering the duty to file a written statement.
  4. Case law – Numerous judicial pronouncements have clarified the scope and importance of written statements.

Time Limit for Filing a Written Statement

As per Order VIII Rule 1 CPC:

  • A defendant is required to file the written statement within 30 days from the date of service of summons.
  • If sufficient cause is shown, the court may extend the period, but not beyond 90 days from the date of service of summons.

The Supreme Court in Kailash v. Nanhku (2005) 4 SCC 480 held that the provision is directory and not mandatory, meaning that in exceptional circumstances, the court may allow filing even beyond 90 days, but such discretion must be exercised sparingly.

Essential Contents of a Written Statement

A written statement should contain the following:

  1. Introduction – Details of the defendant, case number, and the court.
  2. Preliminary Objections –
    • Lack of jurisdiction
    • Non-maintainability of the suit
    • Barred by limitation
    • Defective cause of action
    • Non-joinder or misjoinder of parties
  3. Paragraph-wise Reply – Each allegation in the plaint must be specifically admitted, denied, or explained.
  4. New Facts – If the defendant has additional facts to support his defense, they should be included.
  5. Legal Defenses – Set-off, counterclaim, estoppel, res judicata, etc.
  6. Prayer – The relief sought by the defendant, usually dismissal of the suit.
  7. Verification – As per Order VI Rule 15 CPC, the written statement must be verified by the defendant.
  8. Signature – It must be signed by the defendant or his authorized agent.

Rules Regarding Written Statements (Order VIII CPC)

1. Specific Denial

  • As per Rule 3, the defendant must specifically deny each allegation.
  • General denials are insufficient.

2. Deemed Admission

  • As per Rule 5, any allegation not specifically denied is deemed to be admitted.

3. New Facts and Legal Defenses

  • Under Rule 2, the defendant must raise all grounds of defense in the written statement.

4. Counterclaim and Set-off

  • As per Rules 6A to 6G, the defendant may file a counterclaim or claim a set-off against the plaintiff.

5. Subsequent Pleadings

  • With the court’s permission, additional written statements may be filed in reply to the plaintiff’s replication.

Importance of a Written Statement

The significance of a written statement lies in:

  1. Presentation of Defense – It is the only opportunity for the defendant to present his defense formally.
  2. Admission or Denial of Allegations – Narrows the controversy and avoids unnecessary evidence.
  3. Foundation of Issues – Helps the court frame issues for trial.
  4. Legal Defenses – Enables the defendant to raise all possible objections.
  5. Binding Nature – The defendant cannot later bring in new defenses not pleaded in the written statement.

Consequences of Not Filing a Written Statement

If the defendant fails to file a written statement:

  1. The allegations in the plaint may be deemed admitted.
  2. The court may pronounce judgment under Order VIII Rule 10 CPC.
  3. The defendant loses the chance to present his defense.

Case law: Modi Spg. & Wvg. Mills v. Ladha Ram & Co., AIR 1977 SC 680 – The Supreme Court held that failure to file a written statement may result in a judgment against the defendant.

Verification of a Written Statement

As per Order VI Rule 15 CPC:

  1. The defendant must sign and verify the written statement.
  2. Verification must state which facts are based on personal knowledge and which on information or belief.
  3. An affidavit in support of pleadings is also required under Order VI Rule 15(4) (as amended in 2002).

Case Laws on Written Statements

  1. Kailash v. Nanhku (2005) – Time limit of 90 days is directory, not mandatory.
  2. Balraj Taneja v. Sunil Madan (1999) 8 SCC 396 – Importance of specific denials.
  3. Modi Spg. & Wvg. Mills v. Ladha Ram (1977) – Consequences of not filing a written statement.
  4. Sushil Kumar v. Rakesh Kumar (2003) – Counterclaims can be filed even after the written statement, subject to court’s discretion.

Difference Between Plaint and Written Statement

AspectPlaint (Plaintiff)Written Statement (Defendant)
Filed byPlaintiffDefendant
PurposeTo state cause of action and reliefsTo deny allegations and raise defenses
Governing LawOrder VII CPCOrder VIII CPC
ContentFacts constituting cause of actionAdmissions, denials, defenses, counterclaims

Drafting of a Written Statement – Format

Title – In the court of ___
Case Number – Civil Suit No. ___ of __
Parties – Plaintiff v. Defendant

Written Statement on behalf of Defendant

  1. Preliminary Objections
  2. Paragraph-wise reply to plaint
  3. Additional facts
  4. Legal defenses
  5. Prayer for dismissal of suit

Verification
I, ___, defendant in the above suit, do hereby verify that the contents of paragraphs ___ are true to my knowledge and paragraphs ___ are true on information received and believed to be correct.

Signature of Defendant

Practical Aspects

  • Drafting must be clear, precise, and legally sound.
  • Avoid evasive denials; courts expect specific responses.
  • Raise all possible defenses at this stage to avoid waiver.
  • Accompany with affidavit of verification.

Conclusion

A written statement is the backbone of the defendant’s defense in a civil suit. It is not just a reply to the plaint but a critical pleading that can shape the entire course of the litigation. By admitting, denying, or explaining the plaintiff’s allegations and raising legal defenses, the written statement helps the court in framing issues and proceeding with the trial. Order VIII of the Code of Civil Procedure, 1908 ensures that the defendant’s side is adequately represented and that the dispute is adjudicated fairly.

Thus, the written statement plays a pivotal role in the administration of civil justice in India. A carefully drafted and timely filed written statement is essential for safeguarding the rights of the defendant and ensuring a balanced adjudication of the case.

FAQs on Written Statement in Civil Suit

Q1. What is a written statement in a civil suit?
A written statement is the defendant’s reply to the plaint under Order VIII CPC, where he admits, denies, or explains the plaintiff’s allegations.

Q2. What is the time limit for filing a written statement?
It must be filed within 30 days, extendable up to 90 days, from the date of service of summons.

Q3. Can the court allow filing beyond 90 days?
Yes, in exceptional cases, as held in Kailash v. Nanhku.

Q4. What happens if no written statement is filed?
The court may treat the allegations in the plaint as admitted and may pass judgment against the defendant.

Q5. Can a defendant raise new defenses later?
Generally, no. All defenses must be taken in the written statement, else they may be deemed waived.

Q6. What is the difference between a counterclaim and a set-off?
A set-off is a defense where the defendant claims adjustment of an admitted debt, while a counterclaim is an independent claim filed against the plaintiff.

Q7. Is verification mandatory for a written statement?
Yes, under Order VI Rule 15 CPC, it must be signed, verified, and supported by affidavit.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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