WRITTEN STATEMENT UNDER ORDER VIII OF CPC

 

•     The term written statement has not been defined under the code.
•     It is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff in his plaint and also states new facts in his favor or object to the plaintiff's claim.
•      It can be filed by the defendant or his agent

Jugeshwar Tiwari V. Sheopujan Tiwary - the court held that 

                  1)  If there are several defendants the common written statement can be filed. But it must be signed by all of them.

                  2) Verification of the common written statement can be done by anyone who knows the facts of the case

                  3) Written statement filed by one defendant is not binding on other defendants.

•     The defendant must submit a written statement within 30 days from the date of service of summons to him. It may extend to 90 days.

Kailash V. Nanhku - Supreme Court held that a time limit of 90 days in order 8 rule 1 of CPC for filing written statements by the defendant is directory and permissive and not mandatory and imperative.

Salem Advocate Bar Association (2) V.  Union Of India - Supreme Court held that, provision of order 8 rule 1 providing an upper limit of 90 days to file a written statement is directory. The time limit can extend only in exceptionally hard cases.

•     All the general rules of pleading under order 6 is applicable to the written statement.

Rules as per order 8 of CPC :

1.   New facts must be specifically pleaded:    new facts such as suit is not maintainable or transaction is void or voidable or all other ground of defense   or raise issues of facts not arising out of plaint such as fraud, limitation, illegality must be raised or specially pleaded.        if the plea has not been taken it may lead the plaintiff to believe that the defendant has waived his right.
 2. Denial must be specific - it is not sufficient to deny generally the grounds alleged by the plaintiff. He must deal specifically with each allegation which he does not admit.

   3.Denial should not be vague or evasive - the denying of allegation in the plaint must be clear, specific, and explicit. it should not be evasive and generally.

   4.  Every allegation of fact in plaint shall be deemed to be admitted by the defendant, if he is not denied it specifically or stated to be not admitted in pleading.  the exception is given to the person under disability

Badat And Co. V. East India Trading Co. - the supreme court held that rule 3,4,5, of order 8 CPC form an integral code dealing with the manner in which the allegation of fact in plaint should be denied and legal consequences arise from its non -compliance. If allegations are denied evasively then it must be taken as admitted and such admission itself is proof.

Illustration:  A - plaintiff, B - defendant

      A alleged that B offers a bribe to A's manager of 50000 RS on December 12, 1995

      B in his written statement state “he did not offer to plaintiff’s manager a bribe of 50000 RS on Dec 12, 1995
                - It is an evasive denial, he might have offered some other amount on some other day.

                 - Here the point of the substance is whether a bribe was offered or not.

   5.   If the defendant is making several grounds of defense or setoff or counterclaim, upon separate facts they should state separately and distinctly (Rule 7)

  6 . If any new ground has arises after institution of suit or submission of written statement for claiming set-off or counterclaim maybe raised by the defendant or plaintiff as the case may be in his written statement. (Rule 8)

   7.  Rule 9 states that after presenting the written statement, no pleading other than setoff or counterclaim can be filed. But it can be done with the permission of the court.

   8. If the defendant fails to present the written statement within prescribed time, then the court will pronounce judgment against him as it thinks fit and decree will be passed (Rule 10).

Balraj Taneja V. Sunil Madan - the Supreme Court held that the court cannot pass judgment merely because no written statement is filed by defendant denying the allegation of facts in the plaint.

Modula India V. Kamakshy Singh Deo - Supreme Court observed that, it is not mandatory for a court to pass a decree in favor of the plaintiff merely because a  written statement has not been filed.

    9.  Defendant is bound to produce documents supporting his defense, setoff, counterclaim. If he fails to do so - then it will not receive in evidence except with the permission of the court.