What is a Written Statement?
A written statement is a formal, structured reply filed by the defendant in response to the plaint (plaintiff’s complaint). It outlines the defendant’s version of the facts, denies or admits the plaintiff’s allegations, and may include counterclaims or legal defences.
According to Order VIII of the CPC, a written statement is not merely a denial. It must be specific, factual, and legally valid. The court uses this document to frame issues, assess disputes, and deliver judgment.
Legal Provisions Related to Written Statement
1. Order VIII Rule 1 – Time Limit
The defendant must file the written statement within 30 days from the date of service of summons. However, the court may allow an extension up to 90 days for reasons it finds valid. Beyond 90 days, courts are generally strict, and late submissions require convincing justification.
2. Rule 3 to 5 – Specific Denial Requirement
- Rule 3: The defendant must deny allegations specifically and clearly.
- Rule 4: General or evasive denials are not sufficient.
- Rule 5: If the defendant does not deny a fact specifically, the court may consider it admitted.
3. Rule 6A to 6G – Set-off and Counterclaims
The defendant can also raise counterclaims or set-off in the same written statement. This streamlines the process and allows resolution of all disputes in one trial.
What Happens If a Written Statement Is Not Filed?
Failure to file a written statement can result in serious consequences:
- The court may proceed ex parte, meaning it will decide the case based only on the plaintiff’s evidence.
- The defendant loses the opportunity to defend or raise counterclaims.
- Admissions may be presumed under Rule 5 for facts not specifically denied.
Supreme Court’s View on Timely Filing
In SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. (2019), the Supreme Court ruled that courts must not accept written statements beyond 120 days in commercial disputes under the Commercial Courts Act, 2015. This strict timeline promotes speed and efficiency in commercial litigation.
Essential Elements of a Written Statement
- Title of the case with court and parties’ names
- Denial or admission of each allegation from the plaint
- Additional facts to support defence
- Legal defences and objections
- Set-off or counterclaims, if any
- Proper verification and affidavit under Order VI Rule 15