This article on ‘Written Statement under CPC, 1908: All you need to know‘ was written by an intern at Legal Upanishad.
This article focuses on what a written statement is, who can file a written statement and the legal provisions related to it. First, we should have information about what is a written statement. It can be said that a written statement is a pleading made by the defendant/respondent in opposition to the suit filed by the plaintiff against him. It’s a defending declaration given by the respondent particularly contradicting the claim declared in a suit against him by the complainant in his plaint.
What is a Written Statement?
It can also be called an affidavit. There is no particular definition of it not defined in law. It is a Primary defense and is also called the answer given by the respondent. It is a response given by the respondent to the complainant’s suit. It is generally known as the defendant’s response.
The respondent has two options for submitting an affidavit to the Court. He can contest the suit assisted by the plaintiff opposing him or he can agree and admit the Plaint. To disagree with the suit, he can refuse the complainant’s allegations and also register a detailed description including reasons and facts that the complainant claimed to counter him in a suit, he can also take adequate legal defense by registering his written statement/ affidavit.
Written Statement can be filed by?
A Written Statement can be registered by the respondent or by the person who has rightful full authority.
If the respondent is not an adult, the natural caretaker or his parents can file a written statement as his representative after taking prior permission from the Court.
In the case of a person with a mental disorder or insanity as a respondent in the suit, a close peer or family member can file as his representative after taking prior permission from the Court.
In the case of any authorized person, a suit on a representative of the industry, group, or majority can be created.
How can we write a Written Statement?
An affidavit is required for the respondent to put together a specific legal defense claimed to counter him in the suit.
It must be meticulously jotted down and should mention every legal term and fact in writing form. As a result, the draught of the affidavit does not appear to be an official disagreement or an official response to the legal proceedings. According to the specifications of CPC order 8, important elements of an affidavit are listed here:
- According to Rule 2 of Order 8, the respondent should explain in detail with reasons that the complainant’s allegations are not viable.
- If a new fact is presented in the affidavit, it must be presented in detail.
- According to Order 8 Rule 3, it is insufficient for the respondent to contradict the complainant’s proceedings based on an ordinary explanation; he should particularly clarify in the affidavit and also state reasons behind the claims made are not agreed upon or acknowledged by him. Appropriately, he should give a particular disagreement with the complainant’s plaint.
- According to Order 8 Rule 4, when the respondent denies a claim based on facts in a lawsuit, he should not do it vaguely but should give a response to a subject.
- According to Order 8 Rule 5, if the respondent gives an affidavit and does not dispute the claim in it, then it is assumed that the uncontested fact is admissible.
Cases that can be filed in a Written Statement
It is filed for all types of cases that come under the Civil Procedure Code e.g. countersuit or defamation suit. Etc.
The time limit for registering a Written Statement
According to Rule 1 of Provision Order 8, there is a specific time period for filing an affidavit; the respondent should register an affidavit of denial of the suit within a period of 30 days of being convened.
If the respondent is unable to make an affidavit within 30 days, he shall be permitted to present it in the Court based on a written declaration. After ninety days of the date of convenes, the affidavit made will not be accepted. The Court will not take this into consideration unless the respondent submits an affidavit.
Written Statement Stated beneath Order 8 of Rule 9 of Civil Procedure Code:
The CPC (Amendment) Act, 1999 (46 of 1999) omitted Rule 9 of Order 8, which was restored with a time limit by the CPC (Amendment) Act, 2002 (22 of 2002). The change made effected on the following pleadings will continue to be registered, and the court will set a time limit of thirty days for presenting them. Simply because the amendment seeks are alleged to be at variance with the defendant’s earlier proceedings is not a good reason to reject the defendant’s application for amendment.
In general, in cases of this nature, leave to amend or file additional written statements is allowed unless the petitioner party registering for modification is acting deceptively or by the party’s mistake if some injury is inflicted on his opponent that cannot be compensated by an award of costs; otherwise, whether the original omission arose from negligence, carelessness, or accidental error, the defect may be a defect.
Provisions for an additional Written Statement
With the Court’s permission, an extra written statement on facts that the Court deems appropriate may be accepted. One of the essentials for an extra written statement is that a specific amount is to be paid in a given time limit, which is an act permitted by the Statute, and when the Court establishes a time limit for performing that act, Section 148 applies in terms.
Set-Off (Order VII Rule 6 of CPC)
The respondent may allege a set-off under the provisions of CPC Order VIII Rule 6. When a plaintiff files a lawsuit against a defendant to recover the sum, and the respondent discovers that he will be able to regain some of the monetary amounts from the complainant, he can do this through set-off.
The following are some essential conditions that must be met for the respondent to register a set-off under the provision.
- The plaintiff’s suit must be filed to recover money.
- The monetary amount should be calculated.
- Total must be definable and recoupable.
- If more than one defendants are there it should be recovered from all of them.
- The respondent must be recoverable from the complainant or, if there are multiple plaintiffs, from all of them. As a result, if the respondent is summoned by the negotiator, he cannot set aside what he is owed by the principal because the principal is not the complainant.
- It should not be more than the monetary limits of the petitioning court’s dominion.
- All parties in the respondent’s allegation to set off must have the same character as the plaintiff’s lawsuit.
The only thing to keep in mind is that if the complainant fails to be present and his claim is denied or is on standby, it will not affect the respondent’s appeal for set-off, and the order may be entered in his favor if he can support his claim.
Counter Claim (Order VII Rule 6-A of CPC)
Order 8 Rule 6-A to 6-G of the Code of Civil Procedure outlines counter-claim provisions. About the right to appeal a set-off under Rule 6, the respondent may assert any righteousness or demand arising from civil legal proceedings put forward by the respondent’s disagreement with the plaintiff as a counterclaim opposing the plaintiff’s claim.
The countersuit may be referred to as a cross action, that allows the court to render verdicts on both sides, the Suit and the counter-suit.
If a respondent envisages relying on any fact that favors his right of Counter-Suit, he must expressly mention this in his written statement. The provisions related to an affidavit by the respondent appeal to an affidavit made in response to a counter-Suit.
The written statement is the alleged person’s response statement against the complainant. In this respondent, state response and denial of the complainant’s allegation are based on the essentials of the case. The procedure is communicating both sides of legal proceedings in that both parties present their appeals in court, the complainant through the suit, and the respondent through written statements.
- Good CPC notes for LLB students (https://www.studocu.com/in/document/amity-university/civil-procedure-code-limitation-act/written-statement-cpc/20404169?origin=home-recent-1)
- Sandeep Bhatt, “ Importance of a written statement in the civil suit. (Order 8 of CPC, Set-off, Counter Claim, limitation, etc. with case laws)” (https://lawblog4u.in/importance-of-written-statement-in-civil-suit/)
- Naresh Kumar, “Written statement Order 8 of CPC, meaning, rules, particulars, time limit, etc.” (https://www.lawnotes4u.in/written-statement-order-8-of-cpc-meaning-rules-particulars-time-limit-etc/)