What is a Written Statement?
A written statement is the formal reply submitted by the defendant in response to the plaintiff’s plaint. It contains the defendant’s defense, admissions, denials, and counter-arguments.
It is governed by Order VIII of the Code of Civil Procedure, 1908.
Purpose of Written Statement
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To answer the claims made in the plaint
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To deny, admit, or explain each allegation
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To state legal defenses and material facts
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To raise set-off or counter-claims, if any
Time Limit to File Written Statement
| Scenario | Time Allowed |
|---|---|
| Ordinary civil suit | 30 days from service of summons |
| Maximum extension | Up to 90 days (with court’s permission) |
Courts may allow late filing only for valid reasons, and must record reasons for the delay.
Key Features of a Written Statement
| Feature | Explanation |
|---|---|
| Denial must be specific | General denials are not sufficient |
| All defenses must be stated | Defendant must raise all available legal defenses |
| Admissions are binding | If the defendant admits any part, it is treated as established |
| Set-off and counter-claim | Can be included, subject to CPC rules |
| Verification required | Written statement must be verified and supported by an affidavit |
Set-Off and Counter-Claim (Order VIII Rules 6–6G)
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Set-Off: A claim by the defendant against the plaintiff for a debt owed, arising out of the same transaction.
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Counter-Claim: A separate claim by the defendant, which can be unrelated to the plaintiff’s claim, but must be raised before the defendant’s defense is closed.
Consequences of Not Filing a Written Statement
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The court may pronounce judgment in favor of the plaintiff.
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The defendant may be barred from contesting the claim.
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Court may proceed ex parte (without hearing the defendant).
However, Order VIII Rule 10 gives the court discretion—it is not automatic.
Format of a Written Statement (Essential Components)
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Title of the suit
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Court and case number
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Denial or admission of each para in the plaint
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Legal defenses
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Reliefs claimed (if any)
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Set-off or counter-claim (if applicable)
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Verification and affidavit
Conclusion
The written statement is a vital part of civil proceedings, allowing the defendant to present their side and challenge the plaintiff’s claims. A well-drafted written statement must be specific, timely, and complete, as it shapes the course of the trial.