In Indian civil litigation, the written statement is a crucial document where the defendant responds to the plaintiff’s allegations. Order VIII of the Code of Civil Procedure (CPC) outlines the procedures and requirements for filing a written statement. Understanding these provisions is essential for law students and legal practitioners.

DEFINITION AND PURPOSE OF WRITTEN STATEMENT

A written statement is the defendant’s formal response to the plaint, addressing each allegation made by the plaintiff. It serves to:

• Deny or admit the facts stated in the plaint.
• Present the defendant’s version of the facts.
• Raise any legal defenses or objections.
• Introduce any counterclaims or set-offs against the plaintiff.

This document ensures that the defendant’s perspective is considered, promoting a fair trial.

TIME FRAME FOR FILING THE WRITTEN STATEMENT

Order VIII Rule 1 of the CPC stipulates that the defendant should file the written statement within 30 days from the date of service of summons. However, if the defendant fails to do so within this period, the court may, for reasons recorded in writing, extend the time up to 90 days from the date of service of summons. It’s important to note that this provision is generally considered directory, not mandatory. In Kailash v. Nanhku, (2005) 4 SCC 480, the Supreme Court held that courts have the discretion to allow the filing of the written statement even after the prescribed period, provided there are sufficient reasons for the delay.

CONSEQUENCES OF NOT FILING A WRITTEN STATEMENT

If the defendant fails to file the written statement within the permitted time, Order VIII Rule 10 empowers the court to pronounce judgment against the defendant or make such order as it deems fit. However, this doesn’t mean that the court must automatically pass a judgment. In Balraj Taneja v. Sunil Madan, (1999) 8 SCC 396, the Supreme Court observed that even if the written statement is not filed, the court should be cautious and ensure that the plaintiff’s claims are substantiated by evidence before passing a judgment.

SPECIFIC DENIAL AND ITS IMPORTANCE

Order VIII Rule 3 mandates that the defendant must deal specifically with each allegation of fact in the plaint. General denials are insufficient. If an allegation is not specifically denied, it is deemed to be admitted, as per Order VIII Rule 5. This principle was emphasized in Badat and Co. v. East India Trading Co., AIR 1964 SC 538, where the Supreme Court held that evasive denials are not effective, and facts not specifically denied are taken as admitted.

SET-OFF AND COUNTER-CLAIM

Order VIII Rule 6 allows the defendant to claim a set-off, which is a reciprocal claim against the plaintiff. For instance, in a suit for recovery of money, if the defendant has a legally recoverable debt from the plaintiff, he can claim a set-off to the extent of the plaintiff’s claim. Additionally, Rule 6A permits the defendant to raise a counter-claim against the plaintiff, which can be for any right or claim arising before or after the filing of the suit, but before the defendant has delivered his defense. The counter-claim is treated as a plaint and has the same effect as a cross-suit.

AMENDMENT OF WRITTEN STATEMENT

The defendant may seek to amend the written statement under Order VI Rule 17 of the CPC. The court has the discretion to allow such amendments if they are necessary for determining the real questions in controversy. However, the amendment should not introduce a completely new and inconsistent case. In Revajeetu Builders & Developers v. Narayanaswamy & Sons, (2009) 10 SCC 84, the Supreme Court laid down factors to consider while allowing amendments, emphasizing that the amendment should not cause injustice to the other party.

PROCEDURE WHEN SET-OFF OR COUNTER-CLAIM IS PLEADED

When the defendant pleads a set-off or counter-claim, the plaintiff is required to file a written statement in response to the defendant’s claims. The rules applicable to the defendant’s written statement apply mutatis mutandis to the plaintiff’s written statement to the counter-claim. This ensures that both parties have the opportunity to present their cases fully.

JUDICIAL DISCRETION IN ACCEPTING WRITTEN STATEMENTS BEYOND PRESCRIBED TIME

While the CPC prescribes time limits for filing the written statement, courts have recognized that rigid adherence to these limits may not serve the ends of justice. In Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344, the Supreme Court held that the provision regarding the time limit for filing the written statement is directory and that courts have the discretion to extend the time in exceptional cases. However, this discretion must be exercised judiciously, and the defendant must provide sufficient cause for the delay.

KEY TAKEAWAYS FOR LAW STUDENTS

• Timely filing of the written statement is crucial, but courts may allow extensions for valid reasons.
• Specific denial of each allegation is necessary to avoid admissions by default.
• Defendants can raise set-offs and counter-claims, which are treated as cross-suits.
• Amendments to the written statement are permissible but should not introduce entirely new claims.
• Courts exercise discretion in accepting written statements filed beyond the prescribed time, balancing procedural rules with the interests of justice.

REFERENCES

• Kailash v. Nanhku, (2005) 4 SCC 480.
• Balraj Taneja v. Sunil Madan, (1999) 8 SCC 396.
• Badat and Co. v. East India Trading Co., AIR 1964 SC 538.
• Revajeetu Builders & Developers v. Narayanaswamy & Sons, (2009) 10 SCC 84.
• Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344.