Written Statement

RIT-en STAYT-ment English common law practice of requiring defendants to respond in writing

Definition

The formal written response filed by a defendant to the allegations contained in the plaintiff's plaint.

Detailed Explanation

A written statement is the defendant's pleading in response to the plaint. It is governed by Order VIII of the Code of Civil Procedure, 1908. The defendant must file the written statement within 30 days from the date of service of summons, extendable up to 90 days by the court for reasons to be recorded in writing.

The written statement must deal specifically with each allegation of fact in the plaint. The defendant must not evade or deny generally but must answer point by point. Any allegation of fact not specifically denied is deemed to be admitted. The defendant may also raise new facts in defense, counterclaims, or set-offs.

The Commercial Courts Act, 2015 imposes stricter timelines for filing written statements in commercial disputes. After the 2018 amendments, the failure to file a written statement within the stipulated time forfeits the defendant's right to file it, making timely filing critical.

Essential Elements

1 Specific denial or admission of each material allegation in the plaint
2 Statement of new facts constituting defense
3 Legal objections to the maintainability of the suit
4 Counterclaim or set-off, if any
5 Admission of documents
6 Any preliminary objections regarding jurisdiction, limitation, or bar under any law

Leading Cases

Salem Advocate Bar Association v. Union of India

2005

(2005) 6 SCC 344

Relevance: Discussed the mandatory nature of timelines for filing written statement

SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd.

2019

(2019) 12 SCC 210

Relevance: Held that the 120-day limit for filing written statement under Commercial Courts Act is mandatory

Kailash v. Nanhku

2005

(2005) 4 SCC 480

Relevance: Explained the consequences of not filing written statement within the prescribed period

Usage Example

"The defendant filed a written statement denying all allegations of breach and raised a counterclaim for damages caused by the plaintiff's actions."

Synonyms

defense statement statement of defense answer to plaint

Related Terms

Plaint

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