Written Statement: Short Note 1

1. What is a Written Statement (Order VIII Rule 1 CPC)?

    The Code of Civil Procedure, 1908, is the procedural law that governs how the civil courts of our country must function. It lays down the rules for civil proceedings. The Code also contains substantive law, as laid down in its 158 sections, and also comprises 51 orders, which constitute its true procedural aspects. Order VIII of the Code of Civil Procedure deals with written statements, set offs, and counterclaims. A written statement is an integral part of a civil suit. When a suit is commenced by a plaint, the defendant has to file a written statement as a reply. There are several rules in Order VIII that govern how and when the written statement should be filed, and also the consequences for not filing. This article discusses the procedure when a party fails to present a written statement called for by the court, and the same is discussed under Order 8 Rule 10 of the CPC. 

    A written statement is a crucial document in civil litigation, mandated by Order VIII Rule 1 of the Code of Civil Procedure (CPC). It serves as the defendant's formal response to the plaintiff's claims presented in the plaint. It allows the defendant to: 

1.1. Plead New Facts:

• Introduce new facts that support their defense and weaken the plaintiff's case (Order VIII Rule 2 CPC).
• Explain any circumstances that may mitigate their liability or justify their actions.

    As per Order VIII Rule 2, the defendant can also raise new facts that were not pleaded by the plaintiff in the plaint. He can raise any such facts or matters that show that the suit is not maintainable. 

    However, it must be specifically pleaded and not expressed in general or vague terms. Such facts must be pleaded in the first instance itself. If it is not raised in the first instance when it was possible, it cannot be subsequently raised in an appeal. 

1.2. Deny Facts:

• Specifically deny any allegations made by the plaintiff that they disagree with (Order VIII Rule 5 CPC).
• Provide explanations and evidence to refute the plaintiff's claims.

    It must either deny or accept the allegations in the plaint. If an allegation is not denied, it is deemed to have been accepted. According to Order VIII Rule 3 of CPC, it is important for the defendant to make an express and specific denial. The defendant cannot simply make a general denial of the plaintiff’s allegations. 

    As per Rule 4, evasive denial or denial that does not answer the substance does not qualify as a denial. For instance, if the defendant wants to deny the allegation of the plaintiff that he had received a certain sum of money, he has to expressly deny the receipt of the amount and also specifically state the amount alleged. Evasive denial is taken as admission unless the plaint is also vague and stated in general terms. 

2. Who Can File a Written Statement?

The written statement must be filed by the defendant or their duly authorized agent (Order VIII, Rule 1 CPC). In cases with multiple defendants, a common written statement can be filed, but it must be signed by all defendants and verified by at least one who has knowledge of the case (Order VI, Rule 15 CPC).

3. When Should a Written Statement Be Filed (Order VIII Rule 1 CPC)?

The written statement must be filed within 30 days from the date of service of the summons (Order VIII Rule 1 CPC). This deadline is crucial, as exceeding it can lead to severe consequences for the defendant.

4. Consequences of Not Filing a Written Statement

Failing to file a written statement within the stipulated timeframe can lead to various consequences, including:

• Ex parte decree: The court may grant the plaintiff's claims without considering the defendant's perspective, leading to a judgment against the defendant (Order VIII Rule 10 CPC).
• Loss of opportunity to defend: The defendant may lose their legal right to defend themselves against the plaintiff's allegations.
• Potential financial burden: The defendant may be ordered to pay significant damages and legal costs to the plaintiff.

5. Appeal and Revision

If the defendant disagrees with the court's decision based on the written statement, they can appeal to a higher court or seek revision of the judgment through appropriate legal channels.

6. Inherent Powers of the Court (Order VIII Rule 9 CPC)

The court may exercise its inherent powers under Order VIII Rule 9 CPC to:

• Extend the time limit for filing the written statement in exceptional circumstances.
• Conditionally accept a written statement filed after the deadline.
• Set aside an ex parte decree if sufficient justification is presented.

7. Time Limit for Filing Written Statement (Order VIII Rule 1 CPC)

As mentioned earlier, the written statement must be filed within 30 days from the date of service of the summons (Order VIII Rule 1 CPC). However, this deadline can be extended to 90 days upon application to the court and justification for the delay (Order VIII Rule 1 CPC).

8. Amendment to Written Statements (Order VIII Rule 6 CPC)

The defendant may be allowed to amend their written statement under certain conditions, such as:

• To correct errors or omissions (Order VIII, Rule 6 CPC).
• To introduce new facts that were not previously known.
• To address issues raised by the court or the plaintiff.

9. Additional Written Statement under Order 8 Rule 9 of CPC

In specific situations, the court may order either party to file an additional written statement to clarify any issues or provide further details, as stipulated under Order VIII Rule 9 CPC.

10. Right to File Written Statement Closed Remedy

The right to file a written statement is a fundamental right guaranteed under the law. It ensures that the defendant has a fair opportunity to be heard and defend themselves against the plaintiff's claims.

Understanding Order VIII Rule 10 of the CPC: Consequences of Not Filing a Written Statement

Order VIII Rule 10 of the Code of Civil Procedure (CPC) governs the consequences of failing to file a written statement, a crucial document in civil litigation. This article aims to analyze the provision and its implications for defendants in civil suits.

When is a Written Statement Required?

A defendant in a civil lawsuit must file a written statement within the timeframe stipulated by Order VIII Rule 1. This timeframe varies depending on the nature of the suit:

• Non-commercial suits: 30 days from the date of service of summons (extendable up to 90 days upon justification to the court).
• Commercial suits: 30 days from the date of service of summons (extendable up to 120 days upon justification to the court).

Consequences of Non-filing:

If a defendant fails to file a written statement within the prescribed timeframe or the extended period granted by the court, they face the following consequences:

• Ex parte decree: The court may pronounce judgment against the defendant without considering their defense, leading to a judgment in favor of the plaintiff.
• Loss of opportunity to defend: The defendant forfeits their right to present their side of the story and defend themselves against the plaintiff's allegations.
• Financial burden: The defendant may be ordered to pay significant damages and legal costs to the plaintiff.

Exceptions and Discretionary Powers of the Court:

While Order VIII Rule 10 seems strict, there are exceptions and discretionary powers vested in the court:

• Non-commercial suits: In exceptional circumstances, the court can exercise its inherent powers under Section 151 of the CPC to condone the delay and allow the defendant to file a written statement. This decision depends on the specific facts and merits of the case.
• Commercial suits: The 120-day time limit in commercial disputes is considered mandatory and cannot be extended by the court under any circumstances.

Important Court Decisions:

Several landmark judgments have clarified the interpretation of Order VIII Rule 10:

• Salem Advocate Bar Association, Tamil Nadu v. Union of India (2005): This case established that the time limit for non-commercial suits is directory, allowing for extensions in exceptional circumstances.
• M/s SCG Contracts India Pvt. Ltd. v. KS Chamankar Infrastructure Pvt. Ltd. (2019): This case reaffirmed that the 120-day limit for commercial suits is mandatory and cannot be extended.
• Rajendrabhai Maganbhai Koli v. Shantaben Maganbhai Koli (2022): This case emphasized that even in non-commercial suits, extensions should be granted sparingly and only in exceptional circumstances.

Conclusion:

Understanding the consequences of not filing a written statement under Order VIII Rule 10 is crucial for defendants in civil lawsuits. While the provision primarily aims to protect the interests of the plaintiff, it also allows for certain exceptions and discretionary powers vested in the court to ensure fairness and justice. Consulting with legal counsel and complying with the stipulated timeframes remain essential for defendants to effectively defend themselves in civil proceedings.