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INTRODUCTION OF GROUP MEMBERS

1.ARIF HUSSAIN BL-0710

2.ZEESHAN HYDER BL-0713

 TOPIC

• What is a written statement and are the

consequences of failure of filing of a
written statement?
 INTRODUCTION

• 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.
 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 defendants, the
common written statement filed by them must be signed 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.
 CONSEQUENCES OF FAILURE OF
FILING OF A WRITTEN STATEMENT

• Rule 10, Where any party from whom a written statement is

required under Rule 1 or Rule 9 fails to present the same within
the time permitted or fixed by the court, as the case may be, the
court shall pronounce judgment against him, or make such order in
relation to the suit as it thinks fit, and on the pronouncement of
such judgment, a decree shall be drawn up.”
• Rule 10 contemplates two contingencies, namely (I) where a party
from whom a written statement is required under Rule 1 fails to
present the same within the time permitted by the Court; and (2)
where a party from whom a written statement is required under
Rule 9, CPC fails to present the same within the time fixed by the
Court. Under Rule 10, when any party fails to present written
statement under any of the circumstances stated above, the two
courses are open to the Court. First, the Court may ”proceed to
pronounce judgment. Secondly, the Court may make such order in
relation to the suit as it thinks fit.
THE END