Order VIII deals with rules relating to written statement. The term written statement has not been defined in the Code. However, it means the pleadings of the defendant wherein defendant deals with the facts alleged in the plaint. In it, he also pleads new facts and set up counter claim and set-off. All the general rules of pleading mentioned in Order VI apply to written statement.

Who may file written statement?

Written statement is filed by the defendant or his duly authorized agent. If there are several defendants a common written statement can be filed by them. In such case it must be signed by all of them. As far as verification is concerned, it can be verified by any one defendant.

Time limit for filing written statement:

Order VIII Rule 1 provides that the defendant shall within 30 days from date of service of summons file a written statement. Proviso to Order VIII Rule 1[inserted vide Amendment Act of 2002] states that if the defendant fails to file written statement within a period of 30 days from date of service of summons. Therefore, the outer limit of filing the written statement according to Order VIII Rule 1 is 90 days from date of service of summons.

Characteristics of the written statement

• The defendant has to appear in court on the date mentioned in the summons.
• Before the date of appearing in the court, the defendant needs to file the written statement in the court. 
• The statement should deny or accept the allegations imposed on him. Any allegations which are not answered by the defendant are deemed to be accepted by the defendant. 
• The statement must contain the verification of the defendant by stating that the content written in the statement is true and correct as per the knowledge of the defendant. 
• If the defendant fails to submit the written statement before 30 days, he can seek the court to extend the time, in that case, the court may extend the time period upto 90 days.

Effects of failing to submit a written statement

As per Order VIII Rule 10, if any person who is required to file a written statement does not do so within the time period prescribed or permitted by the court, the court shall pronounce the judgement against him or issue an order, and a decree shall be drawn up on the pronouncement of the judgement. The time period prescribed for the filing of the written statement in Rule 1 shall not be extended by the court. 

The court has two alternatives when a written statement has not been filed: 

Granting of adjournment: The court can grant an adjournment to the defendant. This grants more time to the defendant to file a written statement. However, no more than three adjournments can be given to a party to the suit as per Order VII Rule 1 of the Code. If the party still fails to file the written statement, the court can move on to the next alternative, which is the ex parte decree. 

Pass an ex parte decree: The court can pass an ex parte decree against the defendant. This is not mandatory but the court has the discretion to do so. This is usually avoided by the court in the first instance. However, if the party fails to file a written statement in spite of many adjournments, the court can resort to passing an ex parte decree against the defendant. 

Now that we know the consequences of not filing the written statement during the prescribed time period, let us look at the provisions of appeal and revision. 

Appeal and revision

Order VIII Rule 10 provides that a decree will be drawn upon such judgement. Following that, an appeal would lie under Section 96. As per Section 115, the High Court can adjudicate upon such a decree through revision. When a decree is appealable, the aggrieved party cannot apply for revision. 

Now, let us look at the inherent powers of the court with regard to the same.

Inherent powers of the court 

Section 151 of the CPC lays down the inherent powers of the court. As per this Section, no provision in the Code acts as a restriction on the power of the court to issue an order in the interest of justice or for the purpose of preventing the abuse of the power of the court. 

This Section acts as a limitation to Order VIII Rule 10 of the Code. This provision allows the courts to extend the period of limitation for filing the written statement. However, this is only allowed in exceptional situations that arise from causes outside the control of the defendant. This power cannot be used in ordinary cases. 

Now that we are familiar with the provisions of the code, let us look at some important decisions by the judiciary regarding the same matter

In Badat & Co. v. East India Trading Co. AIR 1964 SC 538, the Supreme Court held that the combined effect of Rule 3, 4 & 5 is that every allegation in the plaint should be traversed. Written statement should answer the point in substance. If the denial is evasive the fact shall be taken to be admitted.

Whether a written statement can be amended:

As per the requirement to Order 6, Rule 17 of the CPC provides the trial of the Suit has not commenced. The Court can allow an amendment of the written statement at any stage of the proceedings.

But in this way defendant can not allow being allowed to change completely the case made in the written statement and substitute an entirely different and new case. And also be note that amendment could not be permitted at such a late stage

When can an additional written statement be filed:

In the case of Jyotish Chandra Sen Vs. Rukmini Ballav Sen and other, AIR 1959 CALCUTTA 35, The Calcutta High Court held that pursuant to provision order 8 Rule 9, the Court’s leave may accept an additional written statement on such terms as the Court may deem appropriate. One of the requirements is that a certain amount will be paid within a fixed period, that is, an act allowed by the Statute, and when the Court sets a time limit for performing that act, Section 148 applies in terms.

The Supreme Court in Kailash v. Nankhu AIR 2005 SC 2441, held that outer time limit of 90 days for filing the written statement is not mandatory. The court held that though the provision is couched in a negative language, it is directory and permissive not mandatory or imperative. It provides that process of justice may be hurried but the fairness which is the basic element of justice cannot be permitted to be buried.

The Supreme Court in SCG Contracts (India) (P) Ltd. v. K.S. Chamankar Infrastructure (P) Ltd.(2019) 12 SCC 210., held that proviso added by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 is mandatory and no written statement can be taken on record in commercial suits, if it is not filed within 120 days from the date of service of summons. Clear, definite and mandatory provisions of Order V Rule 1r/w Order VIII Rule 1 and 10 [as amended by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015] cannot be circumvented by recourse to inherent power under Section 151 of the Code.

Following are the differences between a plaint and a written statement:-

S. No.	PLAINT	WRITTEN STATEMENT
1.	The document stating the cause of action and other necessary details and particulars in support of the claim of the plaintiff is called the “plaint”.	The defence statement containing all material facts and other details is called the “written statement”.
2.	Plaint is filed by the plaintiff stating its facts and relief to be claimed by the plaintiff.	The written statement is filed by the defendant as an answer to the contentions of the plaintiff and it contains all materials and other objections which the defendant might place before the court to admit or deny the claim of the plaintiff.
3.	Plaint is the first stage in a civil suit setting the legal machinery in motion.	The defendant is required to file a written statement of his defense within 30 days from the date of receipt of the copy of the plaint. This time period is extendible to 90 days.
4.	A plaint is usually divided in parts such as a heading, the cause title, the body, the prayer and signature and verification of the plaintiff.	A general denial of grounds alleged in the plaint is not sufficient and denial has to be specific and must be substantiated with documentary evidence wherever possible.
5.	Plaint should contain name, description and residence of defendant.	Every allegation of fact in the plaint if not denied specifically or by necessary implication or stated to be not admitted in the pleading shall be deemed to be admitted.
6.	Order VII of Civil Procedure Code, 1908 deals with plaint.	Order VIII of Civil Procedure Code, 1908 deals with written statement.

Drafting a Written Statement

Following are the important points which should be kept in mind while drafting a written statement:—

1. If the plaint has raised a point/issue which is otherwise not admitted by the opposite party in the correspondence exchanged, it is advisable to deny such point/issue and let the onus to prove that point be upon the complainant. In reply, one has to submit the facts which are in the nature of defence and to be presented in a concise manner.
2. Attach relevant correspondence, invoice, challan, documents, extracts of books of account or relevant papers as annexures while reply is drafted to a particular para of the plaint;
3. The reply to each of the paras of the plaint be drafted and given in such a manner that no para of the plaint is left unattended.
   Vinod Kumar v. Surjit Kumar AIR 1987 SC 2179
   “The pleadings are foundations of a case”.
4. The reply/written statement should be supported by an Affidavit of the opposite party. The Affidavit to be sworn by any of the persons aforesaid and duly notorized by an Oath Commissioner. The court is bound to see in every case that the pleadings are verified in the manner prescribed and that verifications are not mere formalities.
5. The reply along with all annexures should be duly page numbered and be filed along with authority letter if not previously filed.
6. At the time of filing of reply, attach all the supporting papers, documents, documentary evidence, copies of annual accounts or its relevant extracts, invoices, extracts of registers, documents and other relevant papers.
7. I any of the important points is omitted from being given in the reply, it would be suicidal as there is a limited provision for amendment of pleadings as provided in Order 6, Rule 17 CPC, and also the same cannot be raised in the Affidavit-in-Evidence at the time of leading of evidence.
   Mrs. Om Prabha Jain v. Abnash Chand Jain AIR 1968 SC 1083; 1968 (3) SCR
   “It is a settled law if any point has not been pleaded in the pleadings, no evidence could be led on that point. General rule is that no pleadings, no evidence.”
8. If a party is alleging fraud, undue influence, coercion or mis-representation, general allegations are insufficient. Party must state the requisite particulars in the pleading.
9. It is well settled that neither party need in any pleadings allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied.
10. In every pleading, one must state specifically the relief which the party is claiming from the court or tribunal or forum. All possible relief as would be permissible under the pleadings and the law.

Conclusion:

A written statement is Defendant’s first opportunity to raise his point of view in the suit on the matter at issue. But if, for whatever reason or circumstances, Defendant did not file a written statement, that would not indicate that he had admitted the fact pleaded by the plaintiff. A written statement is the statement of the defendant in his defence in which he either admits the claims or denies the facts alleged by plant leaf in his plaint. The defendant can State New facts of the case and legal objections against the claim asked by the plaintiff.