Introduction

Once a plaint is admitted and summons is served, the next crucial stage in a civil suit is the filing of the Written Statement.

The Written Statement is the defendant’s formal response to the allegations made in the plaint. Governed by Order VIII of the Code of Civil Procedure, 1908, it is not merely a denial of claims but a structured legal defence that may define the entire course of the litigation.

Failure to file a proper Written Statement within prescribed timelines can result in serious procedural consequences, including forfeiture of the right to defend.

This article explains:

• the legal requirements of a Written Statement,

• statutory timelines,

• strategic considerations for defendants,

• and common drafting errors.

1. What Is a Written Statement?

A Written Statement is the defendant’s pleading in response to the plaint.

It must:

• admit or deny each allegation,

• raise legal objections,

• present defences,

• and, where appropriate, include counter-claims or set-offs.

It is the document that crystallises the defence theory of the case.

2. Statutory Framework – Order VIII CPC

Order VIII governs:

• the filing of Written Statements,

• specific denials,

• consequences of non-denial,

• set-off and counter-claim,

• and timelines.

It ensures that litigation progresses in an orderly manner and that issues are clearly defined.

3. Timeline for Filing Written Statement

Under Order VIII Rule 1 CPC:

• A Written Statement must ordinarily be filed within 30 days from the date of service of summons.

• The court may extend the time, but generally not beyond 90 days.

In commercial disputes governed by special legislation, stricter timelines may apply.

Courts treat these timelines seriously, though in non-commercial matters they may exercise limited discretion in exceptional circumstances.

4. Requirement of Specific Denial

One of the most important aspects of Order VIII is specific denial.

The defendant must:

• deal specifically with each allegation of fact,

• clearly admit, deny, or state lack of knowledge.

A vague or evasive denial may be treated as an admission.

This principle prevents defendants from avoiding clear responses.

5. Consequence of Non-Filing

If the defendant fails to file a Written Statement within permitted time:

• The right to file may be closed.

• The court may proceed to pronounce judgment.

• The suit may proceed ex parte.

Courts consider delay cautiously, particularly where no sufficient cause is shown.

6. Legal Defences in Written Statement

A Written Statement may include:

• Jurisdictional objections

• Limitation defence

• Bar under specific statutes

• Lack of cause of action

• Res judicata

• Estoppel

Such legal defences may significantly narrow or even terminate the dispute.

7. Set-Off and Counter-Claim

Order VIII permits defendants to:

(a) Claim Set-Off

In money suits, the defendant may claim adjustment of a legally recoverable debt.

(b) Raise Counter-Claim

A counter-claim allows the defendant to seek relief against the plaintiff, effectively turning the defence into an independent claim within the same suit.

Counter-claims promote procedural economy by avoiding multiple proceedings.

8. Drafting Principles for Written Statement

A well-drafted Written Statement should:

• Respond paragraph-wise to plaint allegations.

• Avoid unnecessary repetition.

• Raise all legal objections at the earliest stage.

• Maintain consistency in defence theory.

• Avoid admissions that may weaken the case.

Strategic clarity is essential — inconsistency can damage credibility.

9. Practical Importance for Stakeholders

For Defendants

The Written Statement is the primary defensive tool. Poor drafting may irreversibly weaken the case.

For Plaintiffs

Understanding Order VIII helps anticipate admissions and identify weaknesses in defence.

For Corporate Clients

Timely coordination with counsel is essential to meet statutory timelines and avoid adverse consequences.

10. Judicial Approach to Written Statements

Courts emphasise:

• adherence to timelines,

• clear pleadings,

• absence of evasive denials,

• procedural discipline.

The objective is to ensure that issues are framed accurately and trial proceeds efficiently.

Conclusion

The Written Statement under Order VIII CPC is more than a reply — it is the formal articulation of the defence case. It determines the scope of trial, frames the issues, and may decisively influence the outcome of the suit.

Strict compliance with timelines, precise denials, and well-structured legal objections are essential for effective defence in civil litigation.

Understanding this stage is indispensable for law students, advocates, litigants, and corporate entities alike.

📌 Frequently Asked Questions (FAQs)

Q1. Is filing Written Statement mandatory?

Yes. Failure may result in loss of the right to defend.

Q2. Can courts extend the 30-day period?

Yes, up to the statutory outer limit in appropriate cases.

Q3. What happens if allegations are not specifically denied?

They may be treated as admitted.

Q4. Can a defendant file a counter-claim in the Written Statement?

Yes, subject to statutory conditions.

Q5. Is Written Statement as important as the plaint?

Yes. It defines the defence and shapes the trial.