There is no particular definition described of a written statement under CPC. We can say that a written statement is the primary defense of which is given by the defendant in response to the plaintiff’s suit.
A written statement is also included in a pleading. In this way, a written statement is also a pleading that the defendant gives in response to the defense. Through the written statement, the defendant can reply to the plaintiff’s suit and an allegation which is made by the plaintiff against the defendant. The period for filing a written statement is within 30 days from the service summons, which can be extended (maximum period of 90 days).
What types of content should be included in a written statement?
You need to specify a new fact, such as a plaintiff’s suit is not maintainable or it is not covered under the preview of provisions of the Civil Procedure Code, 1908.
- The defendant has to mention that the transaction which is mentioned in the suit is a void transaction or that it should be voidable in terms of the law.
- The defendant needs to specify all the grounds of the defense which they rely on base, which must be covered under the provision of order 8 rule 2 of the CPC.
- The plaintiff’s suit must be denied with a particular. They can not deny it in a formal way. They need to mention the facts behind all allegations which is mentioned in the lawsuit.
Provisions for filing an additional written statement in a suit
In some cases, an additional written statement can be filed, and with the court’s permission, the defendant can file an additional written statement. Any situation if the circumstances of the case are changed, if a new party is added to a suit, or if an original defendant of a suit dies during the pendency of a suit. In all that situation, the legal heirs of the defendant file an additional written statement as a new defendant who’s entered a suit is entitled to file an additional written statement and take an appropriate defense.