Written Statement

Written Statement
• O.8
• #Food Corporation of India v. Yadav Engineer and Contractor,
1982
• Who may file?
- Defendant or his duly constituted agent
- #Jugeshar Tiwari v. Sheopujan Tiwary, 1986
• When?
- 30 days- extended upto 90 days
- # Kailash v. Nanhku, 2005
Written Statement
• M/s SCG Contracts India Pvt. Ltd. v. K.S. Chamankar
Infrastructure Pvt. Ltd. & Ors. [Civil Appeal No. 1638 Of 2019]
held that the failure to file written statements within the
statutory time period of 90 days for filing written statements
in a commercial suit will result in the forfeiture of the right of
the defendant to file a written statement.
• # Salem Advocate Bar Association v. Union of India, 2005
-
• Particulars- Rules 1-5 and 7- 10
PARTICULARS
• New facts must be specially pleaded.
• Denial to be specific
• Evasive Denial
• Specific Denial
• Defence founded upon separate grounds
• New ground of defence
• Procedure when party fails to present written statement called
for by the court