What is a written statement under order 8 of the CPC?
The crucial role a written statement plays in a civil suit. It is a pleading filed by the defendant to the plant. It is a reply that the defendant files against the plaintiff’s suit with a specific denial of all allegations and grievances that the plaintiff makes against him in the suit. The provisions related to written statements are provided under the Civil Procedure Code of 1908.
What is the meaning of the written statement in the suit?
The specific meaning of a written statement is not defined in the CPC. We can say that a written statement is the reply to the plaintiff’s suit. In other words, the written statement is a pleading of a defendant. Through this, the defendant can take appropriate defenses against all allegations. By filing a written statement, the defendant can not only deny the allegations against him but also state new facts in his favor and take strong objections against the allegation made in the plaint.
Who can file a written statement in the suit?
The written statement can be filed by a defendant or authorized agent on behalf of him. If the defendant is a minor, then the next friend or legal guardian can file on behalf of the minor defendant. Sometimes, when the suit is filed against more than one defendant, they can file a joint written statement. But all of them are required to put their signature on it.
But a defendant who knows the facts of the case can verify the written statement and file a supporting affidavit Under the provision of Oder 6 Rule 15 of the CPC. Here, one notable thing is that if the defendants are more than one, a written statement filed by one defendant is not binding to other defendants of the suit.
What is the time limit for filing a written statement in the suit?
A written statement can be filed within thirty days after the service summons. That period can be extended up to ninety days. ( according to the provision of rule 1). A defendant can file his written statement within that period. That period can be extended if any significant reason comes to the court and is thought fit to the natural justice.
What types of defenses can be taken in a written statement?
A defendant can specifically deny the allegations made against him in the plaint. He needs to deny that in sequences and para-wise. More than this, he can claim to the plaintiff to pay him a certain sum under the provision of Order Rule 6 of the CPC.
If the defendant has cause related to the issues raised by the plaintiff in the plaint, then also file a counterclaim along with the written statement under the provision of Order 8 Rule 6A of the Civil Procedure Code of 1908.
Also Read:
What is the effect of non-filing written statements in a suit?
Can the legal heirs of the defendant file an additional written statement in a suit?
Can the defendant cross-examine of plaintiff’s witness without filing a written statement in a suit?
