How should be A Defendant give his written statement according CPC?

A written statement under the Civil Procedure Code (CPC), 1908 is a crucial document in which the defendant responds to the claims made by the plaintiff in a suit. It should be drafted carefully in compliance with Order VIII of the CPC. Below are the key points to be considered:

1. Timeline for Submission

• As per Order VIII Rule 1, the defendant should file the written statement within 30 days from the date of service of summons.
• If not filed within 30 days, the court may allow an extension up to 90 days for sufficient cause.

2. Structure of a Written Statement

A written statement should include the following:

a. Heading & Title

• The document should be titled “Written Statement” and include the case details (Court name, Case Number, Plaintiff & Defendant Names).

b. Preliminary Submissions

• Mention objections related to jurisdiction, maintainability, or any other preliminary issues (like locus standi, limitation, etc.).

c. Para-wise Reply to the Plaintiff’s Claims

• Each paragraph of the plaint should be replied to specifically.
• The defendant should either admit, deny, or state lack of knowledge about each allegation.
• Vague or evasive denials may be considered as an admission under Order VIII Rule 5 CPC.

d. Statement of Facts

• Provide the defendant’s version of facts, which contradicts or clarifies the plaintiff’s allegations.

e. Legal Defenses (Plea in Law)

• The defendant must state the legal grounds on which the plaintiff’s claim is opposed.
• Example: Limitation, lack of cause of action, fraud, etc.

f. Counterclaim or Set-off (If Applicable)

• If the defendant has any claim against the plaintiff, he can file a counterclaim under Order VIII Rule 6-A or a set-off under Order VIII Rule 6.

g. Prayer Clause

• The defendant should clearly specify what relief they seek, such as dismissal of the suit with costs.

h. Verification

• The written statement must be signed and verified by the defendant or their authorized agent, as per Order VI Rule 15 CPC.

3. Important Rules to Remember

• No new facts should be introduced unnecessarily unless they form part of a counterclaim or defense.
• If a fact is not specifically denied, it may be deemed admitted.
• The written statement must be signed by the defendant and supported by an affidavit as per the Commercial Courts Act (if applicable)

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