WRITTEN STATEMENT code of civil procedure, drafting subject

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1. WRITTEN STATEMENT GROUP-03 -AZAD ABHINAV SINGH -BHUMIKA SHARMA -BITTU KUMAR -CHARVI SAMBHER

2. WHAT IS WRITTEN STATEMENT? A written statement is a crucial document filed by the defendant in a legal case. It serves as the defendant's response to the plaintiff's complaint, known as the plaint. The Code of Civil Procedure (CPC) outlines the rules and procedures governing the submission of written statements, including the timeframe, the content, and the consequences of not filing one under ORDER VIII.

3. PLEADING OF NEW FACTS Introducing New Facts According to Order VIII Rule 2 of the CPC, the defendant can present facts in their written statement that were not mentioned in the plaintiff's complaint. These facts must demonstrate that the lawsuit should not proceed. Specific and Clear The new facts must be stated clearly and specifically, not in vague or general terms. They should be brought up initially and cannot be introduced at a later stage, such as during an appeal.

4. DENIAL OF FACTS Accepting or Denying When responding to the plaintiff's claims in the written statement, the defendant has two options: accepting or denying them. If an allegation is not denied, it is considered accepted. Clear and Specific Denial Order VIII Rule 3 of the CPC emphasizes the importance of a clear and specific denial. The defendant cannot simply provide a general denial; they must address each allegation individually. Evasive Denial According to Order VIII Rule 4 , an evasive denial or a denial that does not directly address the substance of the claim does not count as a valid denial. It will be treated as an admission unless the plaintiff's complaint is also vague and general.

5. WHO CAN FILE A WRITTEN STATEMENT? 1 Defendant or Authorized Representative A written statement can be filed by the defendant personally or through an authorized representative, but it cannot be filed by someone who is not directly involved in the legal dispute. 2 Multiple Defendants In cases with multiple defendants, they can choose to file a single, common written statement signed by all of them or have at least one defendant submit the statement on behalf of all. 3 Unified Response This allows for a unified response from the defendants in the case, ensuring a cohesive and coordinated defense strategy.

6. DEADLINES FOR FILING WRITTEN STATEMENT 1 Initial Deadline The defendant must file their written statement within thirty days from when they receive the legal summons. 2 Extension Possibility The court can extend this period, but not beyond ninety days from the date of the summons. In commercial disputes, the extension can be up to one hundred and twenty days. 3 Late Submission If the defendant misses the deadlines, they should file the written statement as soon as possible along with an application requesting the court's permission for the delay, providing valid reasons.

7. CONSEQUENCES OF NOT FILING A WRITTEN STATEMENT Adjournment The court can grant an adjournment to the defendant, providing additional time to submit the written statement. Ex Parte Decree If the defendant still fails to file the written statement, the court can choose to issue an ex parte decree against the defendant.

8. AMENDMENTS TO WRITTEN STATEMENT Flexibility in Amendments Amendments to a written statement, such as adding new defences or changing existing ones, are generally acceptable, as the potential for prejudice is lower compared to amendments in the plaint. Contradictory Pleas Defendants can take contrary or even contradictory stands in their written statement without affecting their cause of action or causing prejudice. Maintaining Fairness This legal distinction helps maintain fairness and balance in the legal process, allowing defendants to present their case effectively.

9. KEY COMPONENTS OF WRITTEN STATEMENT Title: Clearly state it's a "Written Statement" with case details Introduction: Identify the defendant and their role Background: Briefly summarize the case and court Response to Allegations: Admit, deny or lack knowledge of claims Affirmative Defenses: Legal arguments to excuse liability Counterclaims: Any claims against the plaintiff Witnesses & Evidence: List supporting witnesses and evidence Legal Citations: Reference relevant laws or precedents Relief Sought: State what the defendant wants from the court Verification: Defendant confirms contents are true Signature: Signed and dated by the defendant or representative Annexures: Attach any supporting documents