What is a Written Statement?
A written statement is the defendant's formal reply to the plaintiff's plaint, containing defenses and denials. It is filed under Order VIII of the Code of Civil Procedure, 1908.
Educational Purpose: This information is for general awareness only.
Time Limit for Filing Written Statement
- Within 30 days: From date of service of summons
- Extension up to 90 days: On showing sufficient cause
- After 90 days: Can be filed only with court permission and cost
- After 120 days: Right to file written statement forfeited
Essential Contents of Written Statement
- Specific admission or denial of each allegation in plaint
- New facts constituting defense (must be pleaded)
- Set-off or counterclaim (if any)
- Preliminary objections (jurisdiction, limitation, res judicata)
- Verification
- List of documents relied upon
Rules for Denials (Order VIII Rule 3-5)
- Each allegation must be specifically denied
- General denial is not sufficient (evasive denial treated as admission)
- If fact not denied, deemed admitted
- Traverse must be explicit and unambiguous
Set-off (Order VIII Rule 6)
Defendant can claim adjustment/reciprocal amount if plaintiff also owes money. Must be legally recoverable and within limitation.
Counterclaim (Order VIII Rule 6A-6G)
- Can be filed along with written statement
- Treated as separate suit by defendant against plaintiff
- Court fee payable on counterclaim amount
- Can be filed even after written statement (with permission)
Important: Failure to file written statement leads to proceeding ex-parte against defendant (may result in decree without defense).
Sample Written Statement Format
IN THE COURT OF [NAME] JUDGE, [CITY/DISTRICT]
CIVIL SUIT NO. _____ / 2025
[Plaintiff Name] ... PLAINTIFF
Versus
[Defendant Name] ... DEFENDANT
WRITTEN STATEMENT ON BEHALF OF DEFENDANT
MOST RESPECTFULLY SHOWETH:
Preliminary Objections:
1. That the suit is barred by limitation (state reason)
2. That this court has no territorial jurisdiction
Reply on Merits:
1. That para 1 of the plaint is admitted to the extent that [admitted part] but denied in [denied part]
2. That para 2 of the plaint is not admitted. Plaintiff is put to strict proof thereof.
3. That para 3 of the plaint is specifically denied.
4. That cause of action stated in para 4 is denied. No cause of action arose.
COUNTERCLAIM (If any):
[Statement of counterclaim facts]
RELIEF SOUGHT:
It is prayed that the suit of the plaintiff be dismissed with costs.
DEFENDANT
VERIFICATION:
I, [Name], defendant above named, verify that contents are true to my knowledge.
DEFENDANT
Consequences of Non-Filing
- Court may proceed ex-parte against defendant
- Plaintiff's allegations may be taken as admitted (provisional)
- Defendant can still appear later with explanation and cost
Striking Out Defense (Order VIII Rule 10)
If defendant fails to file written statement within time, court may pronounce judgment against defendant or strike out defense.