WRITTEN STATEMENT

The written statement is 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 file by the defendant of the plaintiff’s suit. It is
called a reply to the plaintiff.

The particular definition of the written statement is not defined in the

law of civil procedure code. 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 called the answer of the defendant. 

The defendant has two choices for filing a written statement in the
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 denial of plaintiff’s suit and file details
explanation with reason and fact which is alleged by the plaintiff
against him in a suit and take appropriate legal defense by filing 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.

(2) Who can file a written statement?

The written statement can be file by the defendant or in the case of
his authorized power of attorney holder.
In the case of if the defendant is minor, then 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 prior 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 any authorized person can be a file on behalf of the
company, society, or body.
(3) How to write a written statement?
A written statement is an essential part of the defendant’s side to
make a particular legal defense alleged in the suit against him. 
It should be very carefully written and must include all the legal terms
and facts in writing form. So draft of the written statement does not
look like a formal denial or formal reply of the suit. As per the
provisions of CPC order VIII, some crucial essentials regarding the
written statement are given below.
1. As per the order VIII rule 2, The defendant should explain in detail
how the plaintiff’s claim is not legally valid.
2. If a new fact is shown within the written statement, it should be
shown in detail.
3. As per Order 8 rule 3, it’s not enough for the defendant to denial of
the plaintiff’s suit based on the general ground, but he must be
specifically mentioned in his written statement that why very
allegation of plaint should not be accepted or admit by him. Hence he
must be a specific denial of the plaint of the plaintiff.
4. As per order 8 rule 4, when a defendant denies a claim of fact in
the lawsuit, not to make Evasive denial, he must not do so evasively
but respond to the substance of the matter.
5. As per order 8 rule 5, if the defendant makes a written statement
and does not dispute the allegations in the application, then it is
tacitly considered that the fact which has not been contested is
admissible.
(4) What kind of cases can be filed written statement?

A written statement can be filed in all kind of cases which are covered
under the Civil Procedure Code. Likewise, civil suit, title suit, eviction
suit, specific performance of a contract, injunction suit, recovery of
money suit, in MACT cases, defamation suit, matrimonial disputes
like restitution of conjugal right, divorce petition, maintenance cases,
dissolution of a partnership, etc. 
(5) Whether a written statement can be amended?
As per the requirement to 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 this 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 be note that amendment
could not be permitted at such a late stage.
……………………………………………………………
(6) When can an additional written statement be filed?
In the case of Jyotish Chandra Sen vs. Rukmini Ballav Sen and other,
AIR 1959 CALCUTTA 35, The Calcutta High Court held that,
pursuant to provision order 8 Rule 9, the Court’s leave may accept an
additional written statement on such terms as the Court may deem
appropriate. One of the requirements is that a certain amount will be
paid within a fixed period, that is, an act allowed by the Statute, and
when the Court sets a time limit for performing that act, Section 148
applies in terms
(7) Time limit to file written statement?
There is a prescribed time limit to file a written statement pursuant to
Rule 1 of the provision order 8; the defendant must file a written
 statement of his defense within thirty days of being summoned upon
his summons.
Provided that if the defendant fails to make a written statement within
thirty days, on the same day as may be required by the Court on the
basis of a written record, he shall be allowed to present it. It will be no
later than 90 days from the day the summons is served. Unless after
this time the defendant submits a written statement, the Court will
refuse to consider the same.
(8) Set-off (Order VIII Rule 6 of CPC):
According to the provision of order VIII rule 6 of CPC, the defendant
can claim a set-off. Where the plaintiff file lawsuit against a defendant
for the recovery of money, and the defendant also found that he can
also claim some money from the plaintiff, that situation he can claim
his amount through set-off.
Here are some following essential conditions require to satisfy the
defendant to file set off under the provision.
Essential conditions for the defendant to file a set off:
 The suit which is filed by the plaintiff must be for the recovery of
money.
 It must be the amount of money that has been determined.
 The amount must be legally recoverable.
 If there is more than one, it must be recoverable by the defendant or
by all the defendants.
 The defendant must be recoverable from the plaintiff or from all the
plaintiffs if there is more than one. Thus, if the defendant is sued by
the agent, he can not set aside what is entitled to him from the
principal, since the principal is not the plaintiff.
 It shall not exceed the pecuniary limits of the jurisdiction of the court
of the petition.
 In the defendant’s claim to set-off, all parties must have the same
character as the plaintiff’s lawsuit.
One thing we should know that if the plaintiff may not appear and his
suit is dismissed or withdrawn, it may not affect the defendant’s
petition for set-off, and the order can be passed in his favor if he is
capable of supporting his allegation.
(9) Counter Claim (Order VIII Rule 6-A of CPC):
The code of civil procedure Order 8 Rule 6-A to 6-G shows the
provisions regarding the counter-claim. In relation to the opportunity
to plead a set-off according to Rule 6, the defendant can, by way of
counterclaim against the plaintiff’s claim, set up any right or claim in
respect of a civil lawsuit brought by the defendant against the plaintiff.
The counter-claim may be called a cross suit, which enables the court
to pronounce the judgments from both sides, the original Suit, as well
as counter-claim.
Where any defendant intends to rely on any basis that supports a
right of counter-claim, he shall clearly state in his written statement
that he does so by counter-claim. A written statement made in
response to a counter-claim shall be enforced by the rules relating to
a Written Statement by the defendant.

(10) written statement Judgements:

A written statement is the Defendant’s first opportunity to raise his
point of view in the suit on the matter at issue. But if, for whatever
reason or circumstances, the Defendant did not file a written
statement, that would not indicate that he had admitted the fact
pleaded by the plaintiff.
In the case of Jahuri Shah and Others vs. Dwarika Prasad
Jhunjhunwala and Others, AIR 1967 SC 109, The Supreme Court
had stated the O. VIII, to R. 5,- C. P C. P. Provides that, if any
allegation of fact in the lawsuit is not specifically denied or actually
inferred or claimed not to be accepted in the defendant’s pleading, it
shall be held that the defendant may not know the truth pleaded by
the plaintiff does not amount to a denial of the presence of that truth,
not even to an inferred denial.
In the case of Siai Sinha vs. Shivadhari Sinha, AIR 1972 PATNA 81,
The Patna High Court held that the Defendant must participate in the
hearing of the suit, even without filing a written statement. He may
cross-examine the plaintiff and his witnesses in order to primarily
rebut their pleadings. However, without a written statement, he can
not be allowed to cross-examine the witnesses on substantive
questions that he has not pleaded with, nor can he be allowed to
adduce evidence on documenting that he has not asked by filing any
written statement. It should also be made clear that if a defendant
files a written statement that does not contradict the allegations of the
lawsuit, then it is said that openly the truth is accepted that is not
controversial. However, if he does not file a written statement, it can
not be assumed that he accepted any of the plaintiff’s pleaded facts
In the case of Bhageran Rai & Others Vs. Bhagwan Singh & Others,
AIR 1962 PATNA 319, The Patna High Court held that defendants
who do not file a written statement are not debarred from providing
evidence that goes through the allegations made in the lawsuit.

The Supreme Court in Balraj Taneja & Anr. V. Sunil Madan & Anr,
1999 (8) SCC 396, Discussed the issue and held that where the
defendant has not filed a written statement, the court must be vigilant
when proceeding under O 8 CPC rule 10. Before passing the
judgment of the Defendant, it must ensure that even if the facts set
out in the claim are considered to have been accepted, to proceed
pursuant to Order 8 Rules 10, is a discretionary power of the Court.
The Jammu and Kashmir High Court, AIR 1993 JAMMU AND
KASHMIR 12, has taken almost a similar view in the case of Alson
Motors Vs. Rajesh Kumar In any event, the failure to file a written
statement does not amount to the admission of the plaintiff’s claim by
the Defendant.

In the case of C. N. Ramappa Gowda Vs. C. C. Chandregowda

(Dead) By LRs, AIR 2012 SUPREME COURT 2528, The Supreme
Court held that the effect of not filing a written statement and
proceeding to try the suit was clearly to expedite the disposition of the
suit and not to be criminal in so far as the Defendant had to be
punished for not filing a written statement by mechanically
prosecuting the lawsuit by passing an order. Before passing
judgment, it must ensure that, even if the facts set out in the plaintiff
are treated as having been admitted, the judgment and the decree
could not possibly have been passed without proof of the facts set out
in the plaintiff.

In the case of Shantilal Gulabchand Mutha v. Tata Engineering and

Locomotive Company Limited,2013 (4) SCC 396, The Supreme Court
held that the failure to file a Written Statement or the fact of the
defendant being set ex parte did not constitute an automatic order for
punishment