In civil litigation, the written statement plays a crucial role in defining the course of the trial. It is the defendant’s primary opportunity to respond to the allegations made by the plaintiff in the plaint. A carefully drafted written statement not only presents the defence effectively but also lays the foundation for the defendant’s case before the court. Any negligence or omission at this stage can have serious procedural and substantive consequences.

Therefore, the key points every litigant and lawyer should keep in mind while filing a written statement in a civil case are as under:-

1. Understanding the Purpose of a Written Statement

Under Order VIII of the Code of Civil Procedure, 1908 (CPC), a written statement is the defendant’s pleading in response to the plaint. Its main objective is to:

• Deny, admit, or clarify the facts alleged by the plaintiff.
• Present the defendant’s version of facts.
• Raise all legal and factual defences available.
• Set out any counterclaim or set-off, if applicable.

A well-drafted written statement ensures that the defendant’s position is clearly understood and that no defence is deemed to have been waived.

2. Limitation Period for Filing

As per Order VIII Rule 1 CPC, the written statement must be filed within 30 days from the date of service of summons.
However, the court may allow filing within a maximum of 90 days, provided sufficient cause is shown for the delay.

The Supreme Court in Kailash v. Nanhku (2005) 4 SCC 480 clarified that this time limit is directory and not mandatory, but courts discourage unnecessary delays. Thus, defendants should aim to file the written statement within the original 30-day period.

3. Clear Denial of Allegations

Every material allegation made in the plaint must be specifically denied. A vague or evasive denial may be treated as an admission under Order VIII Rule 5 CPC.

For example:
If the plaint states that “the defendant borrowed ₹5,00,000 on 10th January 2024,” a proper denial should be:

“The defendant specifically denies borrowing any amount from the plaintiff on 10th January 2024, or on any other date.”

A response like “the defendant does not admit the averments” is insufficient and may be considered an implied admission.

4. Pleading All Available Defences

The written statement should cover all possible legal and factual defences, such as:

• Lack of cause of action
• Limitation
• Non-joinder or mis-joinder of parties
• Absence of jurisdiction
• Payment, settlement, or performance
• Estoppel or waiver

If such defences are not raised at this stage, they may be deemed waived later. The defendant cannot generally introduce new defences at a later stage unless permitted by the court.

5. Supporting Documents and Evidence

Documents relied upon by the defendant should be listed and filed along with the written statement under Order VIII Rule 1-A CPC.
These may include:

• Contracts or agreements
• Receipts, invoices, or correspondence
• Proof of payment or settlement

Every document should be properly indexed and marked for easy reference during trial.

6. Consistency and Clarity in Facts

The defendant’s version must be consistent and logically structured. Contradictions or ambiguities within the written statement can weaken the defence and create confusion during cross-examination.

It’s advisable to:

• Arrange the response paragraph-wise corresponding to the plaint.
• Use clear and precise language avoiding emotional or irrelevant statements.
• Avoid making unnecessary admissions.

7. Counterclaim and Set-off

If the defendant has a claim against the plaintiff arising out of the same transaction, it can be raised through:

• Set-off (Order VIII Rule 6 CPC) — where both parties owe money to each other.
• Counterclaim (Order VIII Rule 6A CPC) — where the defendant has an independent claim against the plaintiff.

Filing a counterclaim or set-off within the written statement can save time and help in comprehensive adjudication of disputes.

8. Verification and Signature

The written statement must be:

• Signed by the defendant (or authorized person).
• Verified as per Order VI Rule 15 CPC, stating which statements are true to knowledge and which are based on information or belief.

Defective verification can be rectified later, but it’s best to ensure accuracy and completeness at the initial stage.

9. Avoiding Scandalous or Irrelevant Pleadings

The written statement should not contain scandalous, irrelevant, or defamatory material. The court has the power to strike out such portions under Order VI Rule 16 CPC.
Professional drafting demands restraint and focus on legal substance rather than personal attacks or emotional language.

10. Professional Drafting and Legal Assistance

Since the written statement forms the backbone of the defence, it should ideally be prepared with the assistance of a competent advocate familiar with civil procedure. Proper drafting ensures:

• Compliance with procedural laws.
• Preservation of all legal rights.
• Reduction of the risk of adverse inferences.

Conclusion

A written statement is not just a formality—it is the defendant’s shield in a civil case. Timely filing, specific denials, consistent pleadings, and inclusion of all relevant defences can significantly influence the court’s understanding of the matter. A well-crafted written statement reflects not only legal strategy but also the discipline and credibility of the defendant’s case.

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