Skip to content Skip to left sidebar Skip to right sidebar Skip to footer

Moot Court

WRITTEN STATEMENT

 Actually, it is a pleading of the defendant in the answer of the plaintiff led by the plaint against him. It is a reply statement of the defendant in a suit specifically denying the allegations made against him by the plaintiff in his plaint. The provision regarding the written statement has been provided in the Code of Civil Procedure, 1908.

Who may be written statement:

A written statement may be filed by the defendant or by his duly authorized agent. In the case of more than one defendant, the common written statement led by them must be signed by all of them. But it is succinct if it is verified by one of them who is aware of the facts of the case and is in a position to lead an affidavit. But a written statement led by one defendant does not bind other defendants.

The time limit for written statements:

A written statement should be made within thirty days from the service of the summons on him. The said period, however, can be extended up to ninety days,(Rule -1). A defendant should present a written statement of his defense in the said period.

Particulars: Rules 1-5 and 7-10

 Before proceeding to draft a written statement it is absolutely necessary for the defendant to examine the plant carefully.

New facts, such as the suit is not maintainable, or that the transaction is either void or voidable in law, and all such grounds of defense, if not raised, would take the plaintiff by surprise, or would raise issues of fact not arising out of the plaint, such as fraud, limitation, release, payment, performance or facts showing illegality, etc. must be raised. (Order 8 Rule 2)

It is not succinct for a defendant in his written statement to generally deny the grounds alleged by the plaintiff, but he must deal especially with each allegation of fact which he does not admit, except for damages

. The denial should not be vague or evasive. Where a defendant wants to deny any allegation of fact in the plaint, he must do so clearly, especially and explicitly, and not evasively or generally

Where the defendant relies upon several distinct grounds of defense or set-o or counterclaim founded upon separate and distinct facts, they should be stated separately and distinctly.

Any new ground of defense which has arisen after the institution of the suit is a presentation of a written statement claiming a set-o or counterclaim may be raised by the defendant or plaintiff in his written statement as the case may be

.If the defendant fails to present his written statement within the time permitted or relaxed by the court, the court will pronounce the judgment against him or pass such order in relation to the suit as it thinks it, and a decree will be drawn up according to the said judgment.