There is no particular definition of a written statement under CPC. We can say that a written statement is the primary defence 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 treated as a pleading that the defendant gives in response to the suit.
By filing a written statement the defendant can reply to the suit and an allegation. The period for filing a written statement is within 30 days from the service of the 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 not covered under the preview of provisions of the Civil Procedure Code, 1908.
- The defendant has to mention that the transaction in the suit is void or should be voidable in terms of the law.
- The defendant needs to specify all the grounds of the defence they rely on, which must be covered under the provisions of Order 8 rule 2 of the CPC.
- The plaintiff’s suit must be denied specifically. They can not deny it formally. They need to mention the facts behind all allegations 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 such situations, the legal heirs of the defendant file an additional written statement as a new defendant who’s entered in the suit is entitled to file an additional written statement and take an appropriate defence.
