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WRITTEN STATEMENT –

SYNOPSIS –
Meaning -
Who may file written statement -
Time limit for filing written statement -
Written Statement under Order 8 Rule 9 of CPC -
Legal provision for an additional statement -

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.

Meaning -

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. However, an additional written statement is different from a written
statement. As filing the written statement is the right of the defendant but the additional
statement is based on the discretion of the court. Further, in written statement defendant can
put his case also under the heading additional plea, and can state new facts or ground which is
necessary to defeat the opponent. If the defendant wants to put his own claim against the
plaintiff he can put it by way of set-off and counterclaim u/o 8 Rule 6 and 6A of C.P.C.

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 defendant, the common written statement filed by them must be signed by
all A written statement may be filed by the defendant or by his duly authorized agent. In the
case of more than one defendant, the common written statement filed by them must be signed
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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.

Written Statement under Order 8 Rule 9 of CPC -

The rule 9 of Order 8 was omitted by the CPC (Amendment) Act, 1999 (46 of 1999), has
been restored by CPC (Amendment) Act, 2002 (22 of 2002) with a fixed time period. The
effect of the change is that subsequent pleadings shall be continued to be filed and the court
shall fix a time for presenting the same, which shall be not more than thirty days.
Merely because the amendment sought is alleged to be inconsistent with the previous case of
the defendant, it is not a good reason for rejecting the application of the defendant for
amendment. As per general rule, in cases of this nature the leave to amend or to file
additional written statement is granted unless the party filing for amendment is acting
malafidely or by the parties own blunder if some injury inflicted to his opponent which
cannot be compensated by award of costs; otherwise whether the original omission arose
from negligence, carelessness, or accidental error, the defect may be allowed to be remedied
if no injustice is done to the other side.

Legal provision for an additional statement -

Before Amendment Act, 2002, Order 8, Rule 9 under the nomenclature “subsequent
pleadings” read as follows :

“No pleading subsequent to the written statement of a defendant other than by way of

defence to a set-off or counter-claim shall be presented except by leave of the Court and upon
such terms as the Court thinks fit, but the Court may any time require
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a written statement or additional written statement from any of the parties and fix a time

for presenting the same.”

By the Amendment Act of 2002, Rule 9, Order 8 was re-enacted as follows :

“No pleading subsequent to the written statement of a defendant other than by way of

defence to set off or counterclaim be presented except by the leave of the Court and upon
such terms as the Court thinks fit, but the Court may at any time require
a written statement or additional written statement or additional written statement from
any of the parties and fix a time of not more than thirty days for presenting the same.”

In pursuance to the amended  Rule 9 of the Order 8, the Court was given power under
extraordinary and in rare circumstances to require at any time written statement or additional
written statement to be filed in a case within the outer limit of 30 days to be fixed by the
Court.

The only difference between the old Code and the new Code as far as Order 8, Rule 9 is
concerned, is that in old Code it was the discretion of the Court to fix the time for presenting
the written statement, nonetheless, in the new code there is a fixed period of 30 days for
presenting written statement or additional statement. Hence, after amendment, the Court may
permit the filing of the written statement or an additional written statement from any of the
parties, but the Court must have to fix an outer limit for presenting the statement which
should not be less than 30 days. Moreover, the power under Order 8, Rule 9 is to be used only
in exceptional cases and for reasons recorded in writing and cannot be exercised by the
defendant as a matter of right. Such exercise of discretion must be judicial and not capricious
and such right must be keeping with the spirit of the amended Code.