WRITTEN STATEMENT

Introduction:
In the realm of legal proceedings, a written statement serves as a linchpin in civil cases, offering
defendants an opportunity to respond comprehensively to the assertions made by the plaintiff in
their complaint. The Code of Civil Procedure (CPC), specifically Order VIII, delineates the
procedural aspects and essentials associated with the written statement.
Legal Provisions and Key Points:
1. Pleading of New Facts:

• Order VIII Rule 2: It empowers the defendant to introduce new facts not initially
presented by the plaintiff, provided these facts substantiate the stance that the lawsuit
should not proceed.
• The introduced facts must adhere to standards of specificity, clarity, and immediacy,
precluding their introduction at later stages.

2. Denial of Facts:
• Defendants face a binary choice of either accepting or denying the claims posited by the
plaintiff.
• Order VIII Rule 3: Emphasizes the necessity of clear and specific denials, mandating an
individualized response to each allegation.

• An evasive or generalized denial, failing to address the crux of the claim, is deemed invalid.
3. Who Can File:
• The right to submit a written statement extends to the defendant or their authorized
representative.
• In scenarios involving multiple defendants, the option exists for a collective submission or
for one defendant to represent all co-defendants.
4. Filing Deadline:
• Order VIII Rule 1: Initial deadline fixed at 30 days from the receipt of summons.
• Extension permissible up to 90 days, contingent upon valid reasons. In commercial
disputes, an extension may stretch up to 120 days.
5. Late Submission:

• In cases of failure to meet stipulated deadlines, the defendant is advised to file the written
statement expeditiously, accompanied by an application seeking the court's indulgence.
• Valid reasons, beyond the defendant's control, must underscore the application for it to be
considered.
6. Consequences of Not Filing:
• Order VIII Rule 10: Offers the court two alternatives:
1. Grant an adjournment, with a maximum of three permissible.

2. Exercise the discretion to issue an ex parte decree against the defendant.

• The issuance of ex parte decrees is discretionary and is typically avoided initially.
7. Appeal and Revision:
• Post the decree issuance, an appeal lies under Section 96, while Section 115 vests the High
Court with the power of revision.

• The choice between appeal and revision hinges on contextual considerations.

8. Inherent Powers of the Court:
• Section 151: Grants the court inherent powers, empowering it to issue orders not expressly
covered in the CPC.
• These powers serve to forestall misuse and ensure the dispension of justice.

9. Time Limit Amendment (2002):

• Order VIII Rule 1: Incorporates an amendment allowing the filing of a written statement
within 90 days if the initial 30-day period elapses.
10. Amendment to Written Statements:
• Amendments to written statements enjoy more flexibility compared to plaints, providing a
nuanced approach to balance fairness and forestall prejudice.
• A defendant can take contrary or contradictory stands without impacting the cause of
action.
11. Additional Written Statement (Order VIII Rule 9):
• Reintroduced by the CPC (Amendment) Act, 2002.
• Court discretionarily sets a timeframe for subsequent pleadings, not surpassing 30 days.

12. Right to File Written Statement Closed Remedy:

• In the case of Beant Singh v. Dilbagh Singh, the court exercised pragmatism, allowing a
defendant to file a written statement after the 90-day statutory period due to the potential
for significant harm.
Conclusion:
The intricate landscape of a written statement in legal proceedings necessitates a nuanced
understanding by defendants. The CPC provides a structured framework, ensuring equitable rights
for all parties involved. Adherence to timelines, coupled with clear and specific responses in the
written statement, forms the bedrock of a robust defense strategy. The evolving nature of legal
interpretations underscores the importance of adaptability within the framework of legal
proceedings.