Written Statement in CPC

12 Jul 2025 --
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Written Statement under CPC

What is a Written Statement?

A Written Statement is the defendant’s formal written reply to the plaintiff's plaint (the complaint).

It contains the defendant’s response, defenses, and objections to the claims made by the plaintiff.

It is the primary document through which the defendant pleads their case.

It is similar to the "answer" in common law jurisdictions.

Legal Provision: Order 8 CPC

The procedure relating to Written Statement is governed by Order 8 of the CPC.

Rule 1 of Order 8 specifically deals with the filing of the Written Statement.

Contents of the Written Statement

The defendant must answer all material allegations in the plaint.

The defendant may also raise legal and factual defenses, such as:

Denial of allegations

Explanation or justification for actions

Set-off or counterclaim (though counterclaim has its own rules under Order 8 Rule 6)

The Written Statement must be verified by the defendant or his authorized agent.

Time Limit for Filing Written Statement

Under Order 8 Rule 1, the defendant is required to file the Written Statement within 30 days from the date of service of summons.

This period can be extended by the court for sufficient cause, but usually not beyond 90 days (as per latest amendments and case laws).

Failure to file Written Statement results in the court proceeding ex parte against the defendant, meaning the defendant loses the opportunity to present their side.

Importance of the Written Statement

It shapes the scope of the trial by defining the issues to be tried.

If a defendant fails to file a Written Statement, they may lose the right to defend the suit.

The Written Statement enables the court to know the points of agreement and dispute between the parties.

Procedure for Filing Written Statement

Summons is served to the defendant.

Defendant files the Written Statement within the prescribed time.

If the defendant does not file it, the plaintiff can apply for ex parte decree.

If filed, the court frames issues for trial based on the Written Statement and plaint.

Key Case Laws on Written Statement

1. Shiv Shankar Ramkishan v. Union of India, AIR 1976 SC 1160

Held: Filing of a Written Statement is mandatory to defend a suit.

Observation: Delay in filing without sufficient cause cannot be condoned lightly.

The Written Statement is essential to raise defenses.

2. Union of India v. P.V. Narsimha Rao, AIR 1998 SC 2120

Held: The court has discretion to condone delay in filing the Written Statement, but it must be exercised judiciously.

Principle: No automatic extension; reasons for delay must be genuine.

3. Bhagwan Das v. State of Rajasthan, AIR 1966 SC 543

Held: If a defendant fails to file Written Statement, the court may pass an ex parte decree.

The right to be heard is lost if no Written Statement is filed.

4. K.K. Verma v. Union of India, AIR 1967 SC 1395

Held: A Written Statement must specifically admit or deny the facts pleaded.

General denials are insufficient; they must be clear and specific.

The defendant cannot just evade allegations by vague denials.

5. Ram Swarup Sharma v. Sanatan Dharam Mandal, AIR 1969 SC 1292

Held: Non-filing of Written Statement without valid reasons results in the loss of the right to contest the suit.

The court can grant further opportunity in exceptional cases.

Important Points and Principles

Aspect	Explanation
When to file?	Within 30 days of service of summons (can be extended)
What must it contain?	Denial, admission, defenses, legal objections
Verification	Must be signed and verified by defendant or agent
Consequence of non-filing	Ex parte decree can be passed against defendant
Extension of time	Court has discretion to extend for sufficient cause
Effect on trial	Defines issues and scope of dispute between parties