In the context of the Code of Civil Procedure (CPC), a written statement is a formal legal document filed by the defendant in response to a plaintiff’s complaint or petition. This document serves to outline the defendant’s defences, denials and counterclaims, if any. The written statement should be concise and focus on the key issues in the ...
Order VII of the CPC particularly deals with a plaint. A few of the essentials of a plaint implicit in itself are those only material facts, and not all facts or the law as such is to be stated, the facts should be concise and precise, and no evidence should be mentioned. ... The expression Written Statement has not been dened in this code. It ...
The expression . “Written Statement” has not been defined in this code.. It is a term of specific meaning ordinarily signifying a reply to the plaint filed by the plaintiff. In other words, it is the pleading of the defendant wherein he deals with the material fact alleged by the plaintiff in his plaint and also states any new fact in his favour or takes legal objections against the claim ...
This article on ‘Written Statement under CPC, 1908: All you need to know‘ was written by an intern at Legal Upanishad. Introduction. This article focuses on what a written statement is, who can file a written statement and the legal provisions related to it. First, we should have information about what is a written statement.
In Indian civil litigation, the written statement is a crucial document where the defendant responds to the plaintiff’s allegations.Order VIII of the Code of Civil Procedure (CPC) outlines the procedures and requirements for filing a written statement. Understanding these provisions is essential for law students and legal practitioners.
Written statement. Order 8 of cpc,1908 defines a written statement. It is a term with a specific meaning that typically denotes a response to the complaint made by the plaintiff. In other words, it is the defendant’s pleading in which he addresses the major allegations made by the plaintiff in the lawsuit and adds any fresh evidence in his ...
Order VIII of CPC deals with written statements. Conclusion. With this, we can finally conclude by saying that in today’s time, disputes regarding property, family or personal affairs, etc., have risen, and so has the need to have knowledge as a lawyer of how one can institute the suit or put claims before the court. Therefore, one must be ...
Amendments to Written Statements under the CPC. By Juhi Senguttuvan Views: 32198. ... Hence, if an amendment is made to a written statement, adding a new ground of defense or altering the previous one or taking inconsistent pleas, all of this, will not be objectionable in the case of written statements however, it might be problematic where ...
Written statement should answer the point in substance. If the denial is evasive the fact shall be taken to be admitted. Whether a written statement can be amended: As per the requirement to Order 6, Rule 17 of the CPC provides the trial of the Suit has not commenced.
Can a written statement be filed after expiry of time laid down in Rule 1. Kailash v. Nanhku, (2005) 4 SCC 480: “….In spite of the time-limit appointed by Rule 1 having expired, the court is not powerless to permit a written statement being filed if the court may require such written statement. Under Rule 10, the court need not necessarily ...
ORDER VIII of CIVIL PROCEDURE CODE (CPC) – WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM 1. Written statement. (1) The defendant shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence. (2) Save as otherwise provided in rule 8A, where the defendant relies on any document (whether or not in his possession or power) in ...
This article is written by Adarsh Anand Amola of 7th Trimester of IIM Rohtak, an intern under Legal Vidhiya Abstract This article explores two essential components of civil litigation - the "Plaint" and the "Written Statement." The "Plaint" is the initial statement of claim that initiates a lawsuit, encompassing various legal requirements. In contrast, the
Provided that where the defendant, in his written statement, claims a set-off or makes a counter-claim based on a document in his possession or power, he shall produce it in Court at the time of presentation of the written statement and shall at the same time deliver the document or copy thereof to be filed with the written statement; .
Introduction. A written statement ordinarily means a reply to the plaint filed by the plaintiff. It is the pleading of the defendant. Order 8 of the Code of Civil Procedure, 1908 (CPC) contains provisions in relation to written statement.. Written Statement. Rule 1 of Order 8 deals with written statement. It states that -
A written statement made in response to a counter-claim shall be enforced by the rules relating to a Written Statement by the defendant. Elements of the Written Statement Format under CPC. A written statement is a crucial part of a civil suit. It enables the defendant to take a proper defense, against the allegations of the suit.
Few people are aware of the uses of written statements, cases, plaints in our legal system, which is modeled after that of the United States. The CPC, 1908 covers plaint and written statement in Orders VII and VIII, respectively.. The Civil Procedure Code, known as the CPC, is a procedural law that specifies the process for civil proceedings.
Written Statement under CPC. A written statement is a document filed by the defendant in response to the plaint. It contains the defendant’s version of the facts and defenses against the claims made by the plaintiff. Key Elements of a Written Statement: Response to allegations: The defendant responds to each of the material facts stated in ...
Written Statement: A written statement ordinarily means a reply to the plaint filed by the plaintiff. It is the pleading of the defendant. Order VIII of CPC contains provisions in relation to the written statement. Rule 3 of Order VIII of CPC: This rule deals with the denial to be specific.
