Written Statement: All you need to know

Introduction:

A Written Statement is a reply or pleading made by the defendant in reply to the plaint filed by the petitioning party. The replies must be on a paragraph by paragraph reply to the plaint and can contain certain additional facts or pleas while replying to the plaints.

Time Period

According to order VIII of the Code of Civil Procedure, the defendant must file his written statement within 30 days from the date of the summons on him which can be extended to up to 90 days upon submitting his reasons recorded in writing.

Even past these 90 days, upon the court’s discretion during extraordinary circumstances, the defendant can be granted more time as seen in the case of Chintaman Sukhdeo Kaktiy vs Shivaji Bhausehab Gadhe.[i]

If the Defendant fails to file his written statement within the period, the court may pass an order against him or any order that they see fit and the pronouncement of such an order would be drawn up as per the provisions of the Code of Civil Procedure.

Necessary Particulars of Written Statements: Drafting of a Written Statement

The drafting of a written statement is a process that must be done by the pleader precisely and accurately. The pleader should ensure that all the material facts are brought about and that a proper defense and reply to the plaint must be formulated. If there is more than one defendant in a particular suit a joint written statement can also be filed.

A written statement must contain a title just like a plaint which consists of the names of the defendant and additionally, a written statement must adhere to the rules of signature and verification which shows that the defendant has personal knowledge about all the facts of the case which is shown once he signs and verifies it.

Constructive Admission

Rule of constructive admission means that written statements are not filed or the denials are improper it will be considered as an admission to the claims of the plaint. Non-specific or evasive replies are considered to be improper. This rule has two exceptions being primarily when the defendant has a disability according to Order VIII, Rule 5 of the CPC, and secondly that the court also has the discretion to make the plaintiff prove that the allegations made by the plaint be sufficient and reliable.

Special Rules of Defense for Written Statements

Rule 1: As mentioned earlier states the timeframe required for filing a written statement

Rule 2: States that all new facts must be specially pleaded to make the plaintiff aware of what the defendant is trying to prove. If this is violated the court can either tell the defendant that he cannot rely on the said new fact or they will give leave to enable the plaintiff to have adequate time to protect himself.

Rule 3: States that the denial made in the written statement must be specific and not general.

Rule 4: States that the reply in the written statement must not be evasive.

Rule 5: Of specific denial states that if the written statement does not reply to each paragraph of the plaint specifically, it will be considered that he has admitted that the paragraphs of the plaint are true.

The usage of Rules 3,4 and 5 can be seen in the case of Badat Trading Co. vs East India where the court held that a written statement must deal specifically with each allegation of fact made in the plaint and if the defendant denies any such fact, such denial must not be evasive, he must answer the point of substance and if he fails to do so the said fact must be taken to be admitted.[ii]

Rule 6: Enables the defendant to set off any of the demands off the plaintiff up to the pecuniary jurisdiction of that court.  Additionally on top of the right to set off the defendant has the right to file counterclaims against the plaintiff in his written statement which then the plaintiff can respond to.

In the case of Shakoor v. Jaipur Development Authority, it was held that it is fair to allow the plaintiff to file his subsequent pleading.

Rule 7: Enables defendants who have relied upon several distinct grounds of defense to have them stated separately and distinctly.

Rule 8: States that new grounds of defenses can only be included before the commencement of the trial and not after.

Rule 9: Lays down that no pleading other than what is consisted in the written statement can be presented other than to setoff except by the leave of the court.

Rule 10: As laid in Modula India vs Kamakshya Singh when the defendant fails to follow the rules of Rule 1 and 5(2) the court can make an order against the defendant or handle the case as it sees fit.

In the abovementioned case the court held that:

1. Rule 1 merely requires that the defendant should present a written statement of his defense within the time permitted by the court.
2. Under rule 5(2), where the defendant has not filed a pleading it shall be lawful for the court to pronounce judgment on the basis of the facts contained in the plaint except against a person under disability but the court may in its discretion require any such fact to be proved.
3. Again under rule 10 when any party from whom a written statement is required fails to present the same within the time permitted or fixed by the court, the court “shall pronounce judgment against him or make such order in relation to the suit as it thinks fit.[iii]

Therefore it can be seen that This rule provides the scenario for what happens when either of the rules is violated.

Set-off

As per Rule 6 which states “Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff’s demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the court, and both parties fill the same character as they fill in the plaintiff’s suit the defendant may, at the first hearing of the suit, but not afterward unless permitted by the court, present a written statement containing the particulars of the debt sought to be set off.” The defendant has the right to request to setoff the claims by the plaintiff in his written statement.

Essential Conditions to Setoff

1. The requirements of the suit are to recover money.
2. The sum of the money demanded to be setoff must be ascertained.
3. The sum must be legally recoverable.
4. The sum must be recoverable by the defendant or all the defendants in the case of multiple defendants.
5. The sum must be recoverable by the defendants from only the plaintiffs.
6. The sum must not exceed the pecuniary jurisdiction of the court it is being conducted in.
7. The defendants can only setoff the same amount demanded by the plaintiffs.

Effects of such Setoff

When the defendant requests to setoff the sums in the written statement he puts in self in a similar position to the plaintiff in regards to the amount claimed by him. Additionally, the same rules which apply to a plaint in a cross suit apply hence enabling the court to make a final decision.

Counter Claim

As mentioned in Rule 6 the defendant has the right to file counterclaims that are completely separate from the ones filed by the plaintiff. These counterclaims can be setup or added any date before the date of the suit and similarly to a petitioner’s plaint, counterclaims are treated similarly and thereby give the plaintiff the right to file a separate written statement.

Amendment of Written Statements

It is a well-settled legal provision that the legal system is a method for parties to resolve disputes and one party cannot be severely punished in the case of mistakes, errors, etc. This enables parties to requests time to amend their suits. The court grants this only if it is found that the reasons for requesting to amend the suit were not out of malafide reasons or that by his blunder certain injury has been caused.

Conclusion

A written statement can be most easily understood from the above paragraphs to be a reply from the defendant in a legal suit or case to the plaintiff’s plaint. It must follow a certain pattern governed by order viii of the CPC. The significance of written statements is critical in enabling the defendant to defend himself in court against the claims of the plaintiff.

---

References:

[i] Chintaman Sukhdeo Kaklij And Ors. vs Shivaji Bhausaheb Gadhe And Ors. 2004 (5) BomCR 573

[ii] Shakoor v. Jaipur Development Authority, AIR 1987 Raj 19.

[iii] Badat And Co vs East India Trading Co 1964 AIR 538