Section 1
What is a Written Statement?
A Written Statement is the legal document filed by the defendant in response to a plaint. It is the defendant's defense against the allegations made by the plaintiff in the civil suit. The written statement sets out the defendant's version of the facts and any legal defenses.
Written statements are governed by Order 8 of the Code of Civil Procedure, 1908 (CPC), which prescribes the rules for the contents and filing of written statements.
Key Points About Written Statement
- Purpose: To respond to the plaintiff's plaint and set out the defendant's defense
- Governing Law: Order 8 of the Code of Civil Procedure, 1908
- Essential Elements: Specific denial of allegations, affirmative defenses, counter-claims
- Verification: Must be verified by the defendant (or authorized person)
- Time Limit: Usually 30 days from receipt of summons (extendable to 90 days)
Key Fact
A written statement is distinct from a plaint. The plaint is filed by the plaintiff to initiate the suit, while the written statement is the defendant's response. Both are pleadings under Order 6 of the CPC. CPC - Order 6 & 8
Section 2
Essential Elements of a Written Statement
Name of the Court: The court where the suit is pending
Name of Parties: Plaintiff and defendant with full details
Specific Denials: Deny each allegation in the plaint specifically
Affirmative Defenses: State any additional facts or legal defenses
Objections: Raise legal objections (jurisdiction, limitation, etc.)
Counter-Claim: File a counter-claim against the plaintiff if applicable
Set-Off: Claim any amount due from the plaintiff
Verification: Signed and verified by the defendant
List of Documents: List of documents relied upon
Order 8 Rules - Key Provisions
- Rule 1: Written statement must be filed within 30 days from the date of service of summons.
- Rule 1A: The defendant may file a counter-claim against the plaintiff.
- Rule 2: New facts must be pleaded with special significance.
- Rule 3: Denials must be specific and not evasive.
- Rule 4: Evasive denial is treated as admission.
- Rule 5: Every allegation in the plaint is deemed admitted unless specifically denied.
- Rule 6: Documents relied on must be listed.
- Rule 8: New facts must be pleaded.
- Rule 9: Subsequent pleadings (replication) by plaintiff.
- Rule 10: Effect of non-filing of written statement.
Important: Under Order 8 Rule 5 CPC, every allegation in the plaint is deemed to be admitted by the defendant if not specifically denied. Therefore, a written statement must specifically deny each allegation.
CPC Order 8 Rule 5
Section 3
Steps to Draft a Written Statement
Follow these steps to draft a written statement correctly:
- Read the Plaint Carefully: Understand each allegation made by the plaintiff.
- Identify Denials: Identify which allegations are true, which are false, and which require further information.
- Specific Denials: Specifically deny each allegation that is not admitted.
- State Affirmative Defenses: Set out any additional facts that support your defense.
- Raise Objections: Raise legal objections such as lack of jurisdiction, limitation, etc.
- Consider Counter-Claim: File a counter-claim if you have a claim against the plaintiff.
- List Documents: Attach a list of documents you rely upon.
- Verify the Written Statement: Sign and verify the written statement.
- File Within Time: File the written statement within 30 days (extendable to 90 days).
- Serve Copy to Plaintiff: Serve a copy of the written statement on the plaintiff's advocate.
Tip: Always consult a lawyer before filing a written statement. A well-drafted written statement is crucial for a strong defense.
Telangana High Court - e-Courts
Section 4
Complete Written Statement Format with Preview
Below is a complete format of a written statement with a preview of how it should appear. This is a sample written statement for a suit for recovery of money.
Note on the Format
This is a sample format for a written statement. The actual content will vary based on the facts of each case. Always consult a lawyer for proper drafting. The format above is editable for your convenience.
Section 5
Common Mistakes in Written Statement Drafting
Evasive Denials: Not specifically denying allegations (treated as admission)
General Denial: Denying all allegations together without specifics
Not Raising Objections: Failing to raise legal objections (jurisdiction, limitation)
Missing Counter-Claim: Not filing a counter-claim when applicable
No Verification: Failing to verify the written statement
Late Filing: Filing beyond the prescribed time limit
Inconsistent Defenses: Taking contradictory positions
Not Listing Documents: Not attaching a list of documents
Admitting Facts: Unknowingly admitting facts that harm the defense
Important: Under Order 8 Rule 5 CPC, every allegation in the plaint is deemed to be admitted by the defendant if not specifically denied. Therefore, a written statement must specifically deny each allegation.
CPC Order 8 Rule 5
Section 6
Practical Tips for Written Statement Writing
Read Carefully: Read the plaint thoroughly and understand each allegation.
Specific Denials: Deny each allegation specifically, not generally.
Admit What is True: Admit facts that are true to avoid unnecessary litigation.
Raise Objections Early: Raise all preliminary objections at the earliest stage.
File Counter-Claim: File a counter-claim if you have a claim against the plaintiff.
Meet Deadlines: File the written statement within 30 days (extendable to 90 days).
Get Lawyer Review: Always have the written statement reviewed by a lawyer before filing.
Maintain Consistency: Ensure defenses are consistent and not contradictory.
Section 8
Frequently Asked Questions
1. What is a written statement?
A written statement is the legal document filed by the defendant in response to a plaint. It sets out the defendant's defense against the plaintiff's allegations and is governed by Order 8 of the CPC.
2. What is the time limit for filing a written statement?
Under Order 8 Rule 1 CPC, a written statement must be filed within 30 days from the date of service of summons. This can be extended up to 90 days with court permission.
3. What happens if a written statement is not filed?
Under Order 8 Rule 10 CPC, if the defendant fails to file a written statement, the court may pronounce judgment against the defendant or make such other order as it thinks fit.
4. What is the difference between a plaint and a written statement?
A plaint is filed by the plaintiff to initiate the suit. A written statement is the defendant's response to the plaint, defending against the allegations and raising defenses.
5. What is a counter-claim?
A counter-claim is a claim filed by the defendant against the plaintiff in the same suit. It is governed by Order 8 Rule 6A CPC and must be filed along with the written statement.
6. Can a written statement be amended after filing?
Yes, under Order 6 Rule 17 CPC, a written statement can be amended at any stage of the proceedings, subject to court's discretion and conditions.
7. What is the verification requirement for a written statement?
The written statement must be verified by the defendant (or an authorized person) stating that the contents are true to their personal knowledge and belief. The verification must be signed and dated.
8. What is the set-off in a written statement?
Set-off is a claim by the defendant for an amount due from the plaintiff. It is governed by Order 8 Rule 6 CPC and can be claimed in the written statement.
9. What are the consequences of evasive denial?
Under Order 8 Rule 4 CPC, an evasive denial is treated as an admission. Therefore, all denials must be specific and not vague or evasive.
10. Where can I get help for drafting a written statement?
You can consult a lawyer for drafting a written statement. Legal aid is also available through state legal services authorities like
TSLSA for eligible applicants.
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