WRITTEN STATEMENT

It is incumbent in the defendant to file his defense in writing. If the defendant fails to file a written
statement, the court may pronounce judgement against him or may under O.8 R.10, make such an order
in relation to the suit as it deems fit. If the defendant has omitted to avail of his right to file a written
statement at or before the first hearing, the court can extend the time for filing it, in exercise of its
discretion, if the circumstances so warrant. The rule has to be worked in a manner so as to advance
justice.

The defense filed in court in writing by the defendant in response to allegations raised by a plaintiff in
his plaint is known as written statement. In a sense it is answer to the plaintiff.

As per P.C. Megha, it is a document in which the defendant deals with every material fact alleged by the
plaintiff in the plaint & also state any new facts which tell in his favour adding such legal objections as he
wishes to take to the claim.

A written statement can be filed by the defendant himself or by a duly constituted agent on his behalf.
Third person or party is not permitted under Civil Procedure Code, 1908 to do so. In this connection it is
also necessary that the defendant shall at or before the first hearing on within such time as the court
may permit present a written statement of his defense. In case a defendant fails to file such a written
statement on the day fixed by the court or at any other day before the issues are settled. The court may
pronounce its judgement against him or make such orders in relation to the suit as it thinks fit. In such
case he will not be entitled to file such written statement as his right in exception to this general rule, it
may be filed only with the leave of the court. It is known as additional written statement.

A written statement must be prepared in conformity with the rules of requirements laid down in respect
of plaint. The rules relating to the written statement by a defendant shall apply to a written statement
filed in answer to a counter claim. The other special requirement of a written statement is being
discussed ahead.