What is written statement in Indian Law ?


What is written statement in Indian Law ?


Meaning:-The term "written statement" is not defined in the provision of the Code. But under Order VI, Rule I, it is defined as a statement of the defendant's plea or it is a term of the defendant's response specific to the plaintiff's filed by the plaintiff. In other words, a written statement is a plea in the defendant's favor that relates to each material fact that the plaintiff alleges in his or her plaintiff and includes any new facts in his or her objection against the plaintiff's claim Or may take legal action.
 
written statement in Indian Law
written statement in Indian Law

Who may file written statement?
A defendant may file a written statement or by its duly constituted agent. If there are number of defendants or more than one defendant and they have recorded a common written statement then they will be signed. The written statement must be filed through an affidavit, although it must be verified by one of them who is aware of the facts. But it clearly states that a written statement filed by one defendant does not include the other defendants.
                
When written statement may be filed?
A defendant may present a written statement as his defense within thirty days from serving summons thereon. However it can be extended up to ninety days.

External limit for recording written statement
The Amendment Act, 2002 incorporated Proviso into Rule 1, which sets a 90-day outer limit for filing a written statement from the service of summons on the defendant. In the Kailash v. Nanhuk case, the Supreme Court stated whether the defendant should file a written statement as to whether there was a definite time limit for his defense or whether it was mandatory or a directory. In the case of Salem lawyer Bar Asan. (2) v. While harmonizing the order of Union of India, order, 7 and 10, the Supreme Court observed: A defendant may present his defense within the time given by the written statement by the court, but if in furnishing the written statement Fails within the time given by the court, the court will deliver a judgment against the defendant. Upon failure to file a written statement under this provision, the court has discretionary power to decide against failure to file a written statement to the defendant. Considering the provision of Order 8 Rule 1 and Rule 10, the principle of harmonious construction needs to be applied. Under Order 8 Rule 10, the Court has the discretion to allow the defendant to file a written statement even after the expiry of 90 days as provided in Order 8 Rule 1. Rule 10 of Order 8 does not provide for restriction after expiry of ninety days time cannot be granted. The court has wide power to make such order in relation to the suit as it deems fit. It is clearly stated that the provision of Order 8 Rule 1 provides a limit of 90 days for filing written statement. Therefore it can be said that the order to increase the time for filing a written statement cannot be used as an every-day routine. Time can be extended only in exceptional and difficult cases.

Description of written statement
All Order VII rules applicable to written orders. The defendant has the right to take the number of defenses only or alternatively. Those defenses may be inconsistent. But such defenses should not be embarrassing in nature.  
                                               
Time and presentation of written statement [Rule1]
The defense presents a written statement of defense at the first hearing or the court may allow it to present a written statement.

Description of written statement
1.      1. The written statement of the defendant called pleading should be carefully drafted. Rules 1 to 5 and Rules 7 to 10 are the most relevant rules about filing written statements. According to rules 1 to 5 and rules 7 to 10, the following should be observed:








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