“WRITTEN STATEMENT”

SUBMITTED BY:

Tanushka Shukla B.A. LL.B.(2169)

SUBMITTED TO:

Dr. Meeta Mohini,

Assistant Professor of Law of Evidence,

CHANAKYA NATIONAL LAW UNIVERSITY

MITHAPUR, PATNA (800001)

INTRODUCTION
A written statement is a part of a civil suit. It plays a very important role in the suit filed by the
plaintiff against the defendant. A written statement is a reply filed by the defendant to the
plaintiff’s suit. It is called a reply to the plaintiff. The particular definition of written statement is
not defined in Civil Procedure Code,1908. But it can be defined as a pleading of the defendant
wherein he deals with every material fact alleged by the plaintiff in the plaint and also states new
facts and legal objections which are in his favour and against the claim of plaintiff.

In the case of Food Corporation of India v. Yadav Engineer & Contractor (1982) 2 SCC 499 it
was held that the expression ‘written statement’ is a term of specific connotation ordinarily
signifying a reply to the plaint filed by the plaintiff.

The written statement's underlying meaning is that a written statement is a reply to the plaintiff's
suit, which is filed by the defendant. The written statement is the primary defense of the
defendant. It is called the answer of the defendant.

The defendant has two choices for filling a written statement in court. Either he can accept and
admit the plaint, or he can contest the suit, which is presented by the plaintiff against him. In the
way of challenging the plaint, he can deny the plaintiff's suit and file a detailed explanation with
reason and fact which is alleged by the plaintiff against him in a suit and take appropriate legal
defense by filling his written statement. A defendant can also claim against the plaintiff by
making his case by way of setoff and counterclaim under order 8 rule 6 of cpc.

A written statement can be filed by the defendant or in the case of his authorized power of
attorney holder. The case of if the defendant is minor, the after the prior permission of the court,
the natural guardian or parents of a minor can file a written statement on behalf of him. In the
case of an unsound mind party in the suit as a defendant, then after the permission of the court a
close friend or any relative of the defendant can file a written statement on behalf of him. In the
case of a company, society any authorized person can file a written statement. The written
statement is filed by the defendant or his duly constituted agent. Where there are several
defendants, they can either file different written statement individually or one written statement,
signed by all of them. But it can be verified by one of them who is aware of the situation. A
written statement filed by one defendant does not binds the other defendants.

A written statement can be filed in all kind of cases which are covered under the cpc. Likewise,
civil suit, title suit, eviction suit, specific performance of a contract, injunction suit, recovery of
money suit, in defamation cases, matrimonial disputes like restitution of conjugal rights, divorce
petition, maintenance cases, dissolution of a partnership, etc.

As per the requirement of order 6, Rule 17 of the CPC provides the trial of the suit has not
commenced. The court can allow an amendment of the written statement at any stage of the
proceedings. But in the way defendant can not allow being allowed to change completely the
case made in the written statement and substitute an entirely different and new case. And also it
is to be noted that amendment cannot be permitted at such a late stage.
CHAPTERIZATION
1- Introduction
2- Rule 1- written statement
3- PARTICULARS OF A WRITTEN STATEMENT: RULE 1A-5 & 7-10
4- CASE LAWS
5- CONCLUSION