Written Statement - Short Note 2

 Written Statement 

Introduction

A written statement is a crucial document in civil litigation, allowing the defendant to respond to the plaintiff's claims presented in the plaint. It serves as the defendant's voice, providing them the opportunity to present their version of events, raise legal objections, and defend themselves against the accusations.

Key Points:

1. Purpose:

   • Respond to the plaintiff's allegations in the plaint.
   • Present the defendant's version of events.
   • Raise legal objections to the plaintiff's claims.
   • Introduce new facts that favor the defendant's case.
   • Defend against the plaintiff's claims and seek relief.

2. Contents:

   • Name of the court and parties involved.
   • Specific denial or admission of the plaintiff's allegations.
   • Explanation of any new facts relevant to the case.
   • Legal arguments and objections against the plaintiff's claims.
   • Relief sought by the defendant, if any.
   • Signature and verification by the defendant or authorized agent.

3. Time Limits:

   • Must be filed within 30 days from the service of summons (extendable to 90 days).
   • Failure to file within the timeframe may lead to an ex parte decree against the defendant.

4. Consequences of Non-Compliance:

   • Ex parte decree in favor of the plaintiff.
   • Loss of opportunity to defend the case.
   • Potential financial burden if the plaintiff wins the case.

5. Additional Points:

   • Order VIII of the Code of Civil Procedure (CPC) governs written statements.
   • Amendments to the written statement are generally allowed unless done in bad faith or causing significant harm.
   • The court may grant adjournments to allow the defendant additional time to file the written statement.

Recommended Readings:

• K.V. Krishnaswamy Iyer, Professional Conduct and Advocacy, Oxford University Press.
• Dr. Kailash Rai, Legal Ethics – Accountancy for Lawyers and Bench - Bar Relations
• B.R. Aggarwala, Supreme Court Practice and Procedure, Eastern Book Co.
• P. Ramanath Iyer, Advocate his Mind and Art, Wadhwa Nagpur, 2003.

Conclusion:

A well-drafted and timely filed written statement is vital for the defendant's success in a civil lawsuit. It allows them to defend their rights and interests effectively. Understanding the key points, contents, and legal implications of written statements is crucial for anyone involved in a civil litigation process.