What is written statement in Indian Law ?


What is written statement in Indian Law ?


Meaning:-The word “Written Statement” has not been defined in the provision of the Code. But under Order VI, Rule I, it has been define as a statement of pleading of the defendant or it is a term of specific connotation ordinarily defendant reply to the plaint filed by the plaintiff. In other words a written statement is a pleading in favor of the defendant wherein he deals with every material fact which the plaintiff alleged in his plaint and also include any new facts in his favor or he can take an objection or legal action against the plaintiff claim.
 
Written Statement
Written Statement
Who may file written statement?
A defendant can filed a written statement or by his duly constituted agent. If there is numbers of defendants or more than one defendants and they filed a common written statement it shall be signed by the of them. The written statement should be filed through an affidavit, however it should be verified by one of them who is aware of the facts. But it is clearly says that a written statement filed by the one defendant does not include others defendants.
                
When written statement may be filed?
A defendant can present written statement as his defense within thirty days from the service of summon on him. However it can be extend up to ninety days.

Outer limit for filing written statement
The Amendment Act, 2002 inserted Proviso to Rule 1 which  prescribes that outer limit of 90 days of filing a written statement from the service of summon on the defendant. The Supreme Court in Kailash v. Nanhku case observed that whether the defendant should filed a written statement as his defense had a certain time limit or not or it is mandatory or directory. In the case of Salem Advocate Bar Assn. (2) v. Union of India, harmoniously  construing Rule 1, 9 and 10 of Order 8, the Supreme Court observed: A defendant can present a written statement his defense  within the time given by the Court but if fail to present the written statement within the time given by the Court, the Court shall pronounce judgment against the defendant. On failure to file a written statement under this provision, the Court has given the discretion power to pronounce judgment against the failure to file written statement defendant. In construing the provision of Order 8 Rule 1 and Rule 10, the doctrine of harmonious construction is required to be applied. Under Order 8 Rule 10 the Court has discretion power to allowed the defendant to file written statement even after the expiry of 90 days which is provided in Order 8 Rule 1. Rule 10 of Order 8 does not provide restriction after the expiry of ninety days further time cannot be granted. The Court has wide power to make such order in relation to the suit as it think fit. It is clearly said that the provision of Order 8 Rule 1 provides for limit of 90 days to file written statement is directory. Hence it can be said that the order for extending time to file written statement cannot be used as every day routine. The time can be extended only in exceptionally and hard cases.

Particular of written statement
All the Order VII Rule applicable to the written statement. The defendant have right to take the number of defenses either simply or in the alternative. Those defenses may be inconsistent. But such defenses should not be embarrassing in nature.
                                                 
Time and presentation of written statement [Rule1]
The defendant present a written statement of his defense at the first hearing or the Court may permit him to present a written statement.

Particular of written statement
1.      The written statement of the defendant is called pleading which should be drafted carefully. The Rule 1 to 5 and Rule 7 to 10 are the most relevant rule regarding filing of a written statement. According to rule 1 to 5 and rule 7 to 10 the following should observed:
To support defendant case the defendant should bound to produce the entire document in his defense or claim for counter claim or set off where he relies on that document. However it is to be noted that if the defendant fail to prove the document as his defense in certain time, they will not received as an evidence except with the leave of the Court.
The following are the exception to the defendant as per the rule:
                               I.            Archives got with the end goals of cross-examination of the offended party obsevers.
                            II.            Records delivered in answer to any case set up by the offender party ensuring to the documenting of the plaint.
                         III.            Records gave over to an observer simply to invigorate his memory.
2.      In written statement the defendant should raise all the following matter they are as:-
a)      The defendant should show the matter in suit not maintainable.
b)      The defendant must the transaction are void or voided in law.

3.      Denial [Rule 3]: To prove defense to the defendant as per the rule the denial must be specific. It is clearly means that general denial is not sufficient to prove defense to the defendant.

4.      Effect of not filing written statement:- If the defendant has not filed a written statement or fail to file a written statement within the time given by the Court, the Court pronounce a judgment on the basis of facts contained in plaint except as against a person under a disability.

5.      Rule 5:- Finally Rule 10 imposes a duty on the Court to pronounce judgment on the basis of plaint if the defendant fails to present his written statement within the time fixed by the Court.
This entire Rule provides sufficient information to set up defendant defense against the claim of the plaintiff.









Previous
Next Post »