A written statement is the defendant's reply to a plaint, filed under Order VIII of the Code of Civil Procedure, 1908. It must deal with each material allegation specifically — admitting what is true and denying what is false — because an allegation that is not specifically denied may be taken as admitted.
Who this applies to
- Defendants who have been served with a summons and plaint in a civil suit.
- Government officers or public bodies sued, who must also check a Section 80 CPC notice.
- Parties who want to raise a set-off or counter-claim.
What a written statement must contain
Order VIII sets out the content and the manner.
- Specific admission and denial: under Rule 2 the defendant must address each allegation of fact, not evasively. Under Rule 3 a denial must be specific and not by a bare general statement; Rule 5 provides that an allegation not denied specifically, or answered by an evasive denial, may be treated as admitted.
- Legal objections: preliminary pleas such as want of jurisdiction, bar of limitation, absence of a cause of action, non-joinder or mis-joinder of parties, and where the defendant is the Government, want of the statutory notice under Section 80 of the Code of Civil Procedure, 1908.
- New facts by way of defence: the defendant's own version of the transaction, with the material facts relied on.
- Set-off: a claim by the defendant for a sum legally recoverable from the plaintiff, pleaded as a set-off under Rule 6.
- Counter-claim: a distinct claim by the defendant against the plaintiff, raised as a counter-claim under Rule 6A, which is treated as a plaint.
- Verification and signing: the pleading is verified as required by Order VI Rule 15, stating which paragraphs are true to knowledge, which to information and belief, and which are not admitted; it is signed by the party and, where represented, by the advocate.
The effect of non-traverse
If a material allegation is neither admitted nor denied, the court may treat it as admitted, and the defendant loses the chance to contest it later. This is why a written statement must be drafted allegation by allegation rather than as a general narrative. A vague denial is almost as dangerous as no denial at all.
Set-off and counter-claim in practice
A set-off under Rule 6 is a shield: it lets the defendant claim a sum that the plaintiff owes so that the two liabilities are adjusted when the court tries the suit, provided the amount is within limitation and legally recoverable. A counter-claim under Rule 6A is a sword: it is a separate claim by the defendant, treated as a plaint, on which the plaintiff must file a reply and which the court decides along with the suit. Both must be pleaded clearly and stamped so that they are not rejected as vague.
Timelines for filing
Under Order VIII Rule 1, the defendant must file the written statement within thirty days from the date of service of the summons. The proviso allows the court to extend the time, but not beyond ninety days from the date of service, save as the court may on sufficient cause allow. If the defendant fails to file within the time allowed, the court may pronounce judgment against the defendant under Rule 10, or make such other order as it thinks fit, and the defendant may be allowed to file only on terms the court permits. Time, therefore, should not be treated as open-ended.
Documents to attach
- Copies of the documents relied on in defence — contracts, receipts, correspondence.
- The Section 80 CPC notice, where the defendant is the Government or a public officer.
- Payments, acknowledgements and prior pleadings between the parties.
- A board resolution or authorisation where a company files the written statement.
Consequences of a defective pleading
A written statement that denies everything generally, ignores specific allegations, or omits a plea of limitation or jurisdiction, narrows the issues the court will try and can shut out a defence. A counter-claim not properly pleaded and stamped may not be entertained. Amendment is possible by leave of the court, but it is discretionary and should not be relied upon as a substitute for a correct first pleading.
How much time do I have to file a written statement?
Under Order VIII Rule 1, thirty days from service of summons, which the court may extend up to ninety days from service on sufficient cause. Delay beyond that is at the court's discretion and should be avoided.
What happens if I do not deny an allegation?
Under Rule 5 an allegation of fact not specifically denied, or denied evasively, may be taken as admitted. So each material allegation must be dealt with.
Can I claim money from the plaintiff in my written statement?
Yes. A legally recoverable sum can be pleaded as a set-off under Rule 6, and a distinct claim can be raised as a counter-claim under Rule 6A, which the court treats as a plaint.
What if the defendant is the Government?
Where the Government or a public officer is the defendant, the plaintiff is required by Section 80 of the Code of Civil Procedure, 1908 to serve two months' written notice before the suit. Its absence is one of the preliminary objections the written statement should raise.
FileX Advocates & Legal Consultants, 14 Hare Street, Kolkata 700001, drafts written statements, set-offs and counter-claims for civil suits across West Bengal. Call +91 7439811422 or message https://wa.me/917439811422 . See /services/civil-litigation and /legal-formats/civil-litigation, and /services/legal-notice-drafting for pre-suit notices, or reach us at /contact.